THE BIHAR REORGANISATION ACT, 2000 
__________ 

ARRANGEMENT OF SECTIONS 
_________ 

PART I 

PRELIMINARY 

SECTIONS 

1.  Short title. 
2.  Definitions. 

PART II 

REORGANISATION OF THE STATE OF BIHAR 

3.  Formation of Jharkhand State. 
4.  State of Bihar and territorial divisions thereof. 
5.  Amendment of the First Schedule to the Constitution. 
6.  Saving powers of State Governments. 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

7.  Amendment of the Fourth Schedule to the Constitution. 
8.  Allocation of sitting members. 

The House of the People 

9.  Representation in the House of the People. 
10.  Delimitation of Parliamentary and Assembly Constituencies. 
11.  Provision as to sitting members. 

The Legislative Assembly 

12.  Provisions as to Legislative Assemblies. 
13.  Allocation of sitting members. 
14.  Duration of Legislative Assemblies. 
15.  Speaker and Deputy Speaker. 
16.  Rules of procedure. 

The Legislative Council of Bihar 

17.  Legislative Council of Bihar. 
18.  Council constituencies. 
19.  Provision as to sitting members. 
20.  Chairman and Deputy Chairman. 

21.  Delimitation of constituencies. 
22.  Power of the Election Commission to maintain Delimitation Orders up-to-date. 

Delimitation of constituencies 

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Scheduled Castes and Scheduled Tribes 

SECTIONS 

23.  Amendment of the Scheduled Castes Order. 
24.  Amendment of the Scheduled Tribes Order. 

PART IV 

HIGH COURT 

25.  High Court for Jharkhand. 
26.  Judges of High Court. 
27.  Jurisdiction of High Court. 
28.  Special provision relating to Bar Council and Advocates. 
29.  Practice and procedure in common High Court. 
30.  Custody of seal of High Court. 
31.  Form of writs and other processes. 
32.  Powers of Judges. 
33.  Procedure as to appeals to Supreme Court. 
34.  Transfer to proceedings from High Court at Patna to High Court of Jharkhand. 
35.  Right to appear or to act in proceedings transferred to High Court of Jharkhand. 
36.  Interpretation. 
37.  Saving. 

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 

PART V 

38.  Authorisation of expenditure of Jharkhand State. 
39.  Reports relating to accounts of Bihar State. 
40.  Distribution of revenue. 

PART VI 

APPORTIONMENT OF ASSETS AND LIABILITIES 

41.  Application of Part. 
42.  Land and goods. 
43.  Treasury and bank balances. 
44.  Arrears of taxes. 
45.  Right to recover loans and advances. 
46.  Investments and credits in certain funds. 
47.  Assets and liabilities of State undertakings. 
48.  Public Debt. 
49.  Floating Debt. 
50.  Refund of taxes collected in excess. 
51.  Deposits, etc. 
52.  Provident fund. 
53.  Pensions. 
54.  Contracts. 
55.  Liability in respect of actionable wrong. 
56.  Liability as guarantor. 
57.  Items in suspense. 
58.  Residuary provision. 
59.  Apportionment of assets or liabilities by agreement. 
60.  Power of Central Government to order allocation or adjustment in certain cases. 
61.  Certain expenditure to be charged on Consolidated Fund. 

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PART VII 

PROVISIONS AS TO CERTAIN CORPORATIONS 

SECTIONS 

62.  Provisions as to Bihar State Electricity Board, State Warehousing Corporation and State Road 

Transport Corporation. 

63.  Continuance of arrangements in regard to generation and supply of electric power and supply of 

water. 

64.  Provisions as to Bihar State Financial Corporation. 
65.  Provisions as to certain companies. 
66.  General provision as to statutory corporations. 
67.  Temporary provisions as to continuance of certain existing road transport permits. 
68.  Special provisions relating to retrenchment compensation in certain cases. 
69.  Special provision as to income-tax. 
70.  Continuance of facilities in certain State institutions. 

PART VIII 

PROVISIONS AS TO SERVICES 

71.  Provisions relating to All-India Services. 
72.  Provisions relating to services in Bihar and Jharkhand. 
73.  Other provisions relating to services. 
74.  Provisions as to continuance of officers in same post. 
75.  Advisory Committees. 
76.  Power of Central Government to give directions. 
77.  Provisions as to State Public Service Commission. 

PART IX 

MANGEMENT AND DEVELOPMET OF WATER RESOURCES 

78.  Water Resources Development and its Management. 
79.  Constitution and functions of Management Board. 
80.  Staff of the Management Board. 
81.  Jurisdiction of the Board. 
82.  Power to make regulations. 

PART X 

LEGAL AND MISCELLANEOUS PROVISIONS 

83.  Amendment of Act 37 of 1956. 
84.  Territorial extent of laws. 
85.  Power to adapt laws. 
86.  Power to construe laws. 
87.  Power to name authorities, etc., for exercising statutory functions. 
88.  Legal proceedings. 
89.  Transfer of pending proceedings. 
90.  Right of pleaders to practise in certain cases. 
91.  Effect of provisions of the Act inconsistent with other laws. 

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SECTIONS 

92.  Power to remove difficulties. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

THE FOURTH SCHEDULE. 

THE FIFTH SCHEDULE. 

THE SIXTH SCHEDULE. 

THE SEVENTH SCHEDULE. 

THE  EIGHTH SCHEDULE. 

THE NINTH SCHEDULE. 

THE TENTH SCHEDULE. 

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THE BIHAR REORGANISATION ACT, 2000 

ACT NO. 30 OF 2000 

An Act to provide for the reorganisation of the existing State of Bihar and for matters connected 

therewith. 

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:— 

[25th August, 2000.]  

PART I 

PRELIMINARY 

1. Short title.—This Act may be called the Bihar Reorganisation Act, 2000. 
2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  ―appointed  day1‖  means  the  day  which  the  Central  Government  may,  by  notification  in the 

Official Gazette, appoint;  

(b) ―article‖ means an article of the Constitution;  
(c)  ―assembly  constituency‖,  ―council  constituency‖  and  ―parliamentary  constituency‖  have  the 

same meanings as in the Representation of the People Act, 1950 (43 of 1950);  

(d)  ―Election  Commission‖  means  the  Election  Commission  appointed  by  the  President  under 

article 324; 

(e)  ―existing  State  of  Bihar‖  means  the  State  of  Bihar  as  existing  immediately  before  the 

appointed day; 

(f) ―law‖ includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification 
or other instrument having, immediately before the appointed day, the force of law in the whole or in 
any part of the existing State of Bihar; 

(g) ―notified order‖ means an order published in the Official Gazette; 
(h)  ―population  ratio‖,  in  relation  to  the  States  of  Bihar  and  Jharkhand,  means  the  ratio  of 

645.30:218.44; 

(i) ―sitting member‖, in relation to either House of Parliament or of the Legislature of the existing 
State  of  Bihar,  means  a  person  who  immediately  before  the  appointed  day,  is  a  member  of  that 
House;  

(j)  ―successor  State‖,  in  relation  to  the  existing  State  of  Bihar,  means  the  State  of  Bihar  or 

Jharkhand; 

(k) ―transferred territory‖ means the territory which on the appointed day is transferred from the 

existing State of Bihar to the State of Jharkhand; 
(l) ―treasury‖ includes a sub-treasury; and 
(m)  any  reference  to  a  district,  tahsil  or  other  territorial  division  of  the  existing  State  of  Bihar 
shall be construed as a reference to the area comprised within that territorial division on the appointed 
day. 

PART II 
REORGANISATION OF THE STATE OF BIHAR 

3. Formation  of  Jharkhand  State.—On  and  from  the  appointed  day, there shall  be  formed  a  new 
State to be known as the State of Jharkhand comprising the following territories of the existing State of 
Bihar, namely:— 

Bokaro,  Chatra,  Deogarh,  Dhanbad,  Dumka,  Garhwa,  Giridih,  Godda,  Gumla,  Hazaribagh, 
Kodarma, Lohardaga, Pakur, Palamau, Ranchi, Sahebganj, Singhbhum (East) and Singhbhum (West) 
districts, 

and thereupon the said territories shall cease to form part of the existing State of Bihar. 

1. 15th November, 2000, vide notification No. S.O. 829(E), dated 14th September, 2000, see Gazette of India, Extraordinary, Part 

II, sec. 3(ii). 

5 

 
 
                                                           
4. State of Bihar and territorial divisions thereof.—On and from the appointed day, the State of 

Bihar shall comprise the territories of the existing State of Bihar other than those specified in section 3. 

5. Amendment of the First Schedule to the Constitution.—On and from the appointed day, in the 

First Schedule to the Constitution, under the heading ―I. THE STATES‖,— 

(a) in the paragraph relating to the territories of the State of Bihar, the following shall be added at 

the end, namely:— 

―and the territories specified in section 3 of the Bihar Reorganisation Act, 2000‖; 

(b) after entry 27, the following entry shall be inserted, namely:— 

―28. Jharkhand: The territories specified in section 3 of the Bihar Reorganisation Act, 2000.‖. 

6. Saving powers of State Governments.—Nothing in the foregoing provisions of this Part shall be 
deemed to affect the power of the Government of Bihar or Jharkhand to alter, after the appointed day, the 
name, area or boundaries of any district or other territorial division in the State. 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

7. Amendment of the Fourth Schedule to the Constitution.—On and from the appointed day, in 

the Fourth Schedule to the Constitution, in the Table,— 

(a) entries 4 to 29 shall be renumbered as entries 5 to 30 respectively; 

(b) in entry 3, for the figures ―22‖ the figures ―16‖ shall be substituted; 

(c) after entry 3, the following entry shall be inserted, namely:— 

 ―4. Jharkhand...................................... 6‖. 

8.  Allocation  of  sitting  members.—(1)  On  and  from  the  appointed  day,  the  twenty-two  sitting 
members of the Council of States representing the existing State of Bihar shall be deemed to have been 
elected to fill the seats allotted to the States of Bihar and Jharkhand, as specified in the First Schedule to 
this Act. 

(2) The term of office of such sitting members shall remain unaltered.  

The House of the People 

9.  Representation  in  the  House  of  the  People.—On  and  from  the  appointed  day,  there  shall  be 
allocated 40 seats to the successor State of Bihar, and 14 to the successor State of Jharkhand, in the House 
of the People and in the First Schedule to the Representation of the People Act, 1950 (43 of 1950), under 
heading ―I. STATES:‖,— 

(a) for entry 4, the following entry shall be substituted, namely:— 

―4. Bihar  

53  

7       5   

40  

7  

..‖; 

(b) entries 10 to 25 shall be renumbered as entries 11 to 26 respectively; 

(c) after entry 9, the following entry shall be inserted, namely:— 

―10. Jharkhand  

..  

..  

..  

14  

1  

5‖. 

10.  Delimitation  of  Parliamentary  and  Assembly  Constituencies.—On  and  from  the  appointed 
day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as 
directed in the Second Schedule to this Act.  

11.  Provision  as  to  sitting  members.—(1)  Every  sitting  member  of  the  House  of  the  People 
representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands 
allotted, with or without alteration of boundaries, to the  successor State of Bihar or Jharkhand, shall be 
deemed to have been elected to the House of the People by that constituency as so allotted. 

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(2) The term of office of such sitting members shall remain unaltered.  

The Legislative Assembly 

12. Provisions as to Legislative Assemblies.—(1) The number of seats as on the appointed day in 
the Legislative Assemblies of the States of Bihar and Jharkhand shall be two hundred and forty-three and 
eighty-one respectively. 

(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading 

―I. States‖,— 

(a) for entry 4, the following entry shall be substituted, namely:— 

―4. Bihar  

318  

45  

29  

243  

39  

.. ―; 

(b) entries 11 to 27 shall be renumbered as entries 12 to 28 respectively; 

(c) after entry 10, the following entry shall be inserted, namely:— 

―11.   

Jharkhand 

 ..  

..  

..  

81  

9  

28‖.  

13.  Allocation  of  sitting members.—(1)  Every  sitting  member  of  the  Legislative  Assembly  of  the 
existing State of Bihar elected to fill a seat in that Assembly from a constituency which on the appointed 
day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to 
the State of Jharkhand shall, on and from that day, cease to be a member of the Legislative Assembly of 
Bihar and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Jharkhand 
from that constituency as so allotted. 

(2) All other sitting members of the Legislative Assembly of the existing State of Bihar shall continue 
to  be  members  of  the  Legislative  Assembly  of  that  State  and  any  such  sitting  member  representing  a 
constituency the extent, or the name and extent of which are altered by virtue of the provisions of section 
10 shall be deemed to have been elected to the Legislative Assembly of Bihar by that constituency as so 
altered. 

(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative 

Assemblies of Bihar and Jharkhand shall be deemed to be duly constituted on the appointed day. 

(4) The sitting member of the Legislative Assembly of the existing State of Bihar nominated to that 
Assembly  under  article  333  to  represent  the  Anglo-Indian  community  shall  be  deemed  to  have  been 
nominated to represent the said community in the Legislative Assembly of Jharkhand under that article. 

14.  Duration  of  Legislative  Assemblies.—The  period  of  five  years  referred  to  in  clause  (1)  of              

article  172  shall,  in the  case  of  Legislative  Assembly  of  the  State  of  Bihar  or Jharkhand  be  deemed  to 
have commenced on the date on which it actually commenced in the case of Legislative Assembly of the 
existing State of Bihar. 

15. Speaker and Deputy Speaker.—(1) The persons who immediately before the appointed day are 
the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Bihar shall continue 
to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day. 

(2) As soon as may be after the appointed day, the Legislative Assembly of Jharkhand shall choose 
two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are 
so chosen, the duties of the office of Speaker shall be performed by such member of the Assembly as the 
Governor may appoint for the purpose. 

16.  Rules  of  procedure.—The  rules  of  procedure  and  conduct  of  business  of  the  Legislative 
Assembly  of  Bihar  as  in  force  immediately  before  the  appointed  day  shall,  until  rules  are  made  under 
clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative Assembly of 
Jharkhand, subject to such modifications and adaptations as may be made therein by the Speaker thereof.  

The Legislative Council of Bihar 

17. Legislative Council of Bihar.—On and from the day on which all the members specified in the 
Third  Schedule  retire,  there  shall  be  seventy-five  seats  in  the  Legislative  Council  of  Bihar,  and  in  the 
Third Schedule to the Representation of the People Act, 1950 (43 of 1950), for the existing entry 2, the 
following entry shall be substituted, namely:— 

―2. Bihar  

75  

24  

6 

7 

6  

27  

12‖.  

 
 
 
 
 
 
 
 
 
18.  Council  constituencies.—On  and  from  the  appointed  day,  the  Delimitation  of  Council 

Constituencies (Bihar) Order, 1951 shall stand amended as directed in the Fourth Schedule.  

19. Provision as to sitting members.—Notwithstanding anything contained in section 17, all sitting 
members of the Legislative Council of the existing State of Bihar, shall continue to be members of that 
Council till they retire on the expiration of their present term of office.  

20. Chairman and Deputy Chairman.—The person who immediately before the appointed day is 
the Chairman or Deputy Chairman of the Legislative Council of the existing State of Bihar shall continue 
to be the Chairman or Deputy Chairman, as the case may be, on and from that day of that Council.  

Delimitation of constituencies. 

21.  Delimitation  of  constituencies.—(1)  For  the  purpose  of  giving  effect  to  the  provisions  of           

section 12, the Election Commission shall determine in the manner hereinafter provided— 

(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the 
Legislative  Assemblies  of  the  States  of  Bihar  and  Jharkhand  respectively,  having  regard  to  the 
relevant provisions of the Constitution; 

(b) the assembly constituencies into which each State referred to in clause (a) shall be divided, 
the  extent  of  each  of  such  constituencies  and  in  which  of  them  seats  shall  be  reserved  for  the 
Scheduled Castes or for the Scheduled Tribes; and 

(c)  the  adjustments  in  the  boundaries  and  description  of  the  extent  of  the  parliamentary 

constituencies in each successor States that may be necessary or expedient. 

(2)  In  determining  the  matters  referred  to  in  clauses  (b)  and  (c)  of  sub-section  (1),  the  Election 

Commission shall have regard to the following provisions, namely:— 

(a) all the constituencies shall be single-member constituencies; 

(b)  all  constituencies  shall,  as  far  as  practicable,  be  geographically  compact  areas,  and  in 
delimiting them, regard shall be had to physical features, existing boundaries of administrative units, 
facilities of communication and conveniences to the public; and 

(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes 
shall,  as  far as  practicable,  be  located in areas  where  the proportion  of their  population  to  the  total 
population is the largest. 

(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions 
under sub-section (1), associate with itself as associate members, five persons as the Central Government 
may by order specify, being persons who are members of the Legislative Assembly of the State or of the 
House of the People representing the State:  

Provided that none of the associate members shall have a right to vote or to sign any decision of the 

Election Commission. 

(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled 

as far as practicable, in accordance with the provisions of sub-section (3). 

(5) The Election Commission shall— 

(a)  publish  its  proposals  for  the  delimitation  of  constituencies  together  with  the  dissenting 
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and 
in such other manner as the Commission may consider fit, together with a notice inviting objections 
and suggestions in relation to the proposals and specifying a date on or after which the proposals will 
be further considered by it; 

(b) consider all objections and suggestions which may have been received by it before the date so 

specified; 

(c) after considering all objections and suggestions which may have been received by it before the 
date so specified, determine by one or more orders the delimitation of constituencies and cause such 
order or orders to be published in the Official Gazette, 

and upon such publication, the order or orders shall have the full force of law and shall not be called in 
question in any court. 

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(6) As soon as may be after such publication, every such order relating to assembly constituencies 

shall be laid before the Legislative Assembly of the concerned State. 

(7) The delimitation of constituencies in the States of Bihar and Jharkhand shall be determined on 

the basis of the published figures of the census taken in the year 1971.  

22.  Power  of  the  Election  Commission  to  maintain  Delimitation  Orders  up-to-date.—(1)  The 

Election Commission may, from time to time, by notification in the Official Gazette,— 

(a) correct any printing mistakes in any order made under section 21 or any error arising therein 

from inadvertent slip or omission; 

(b) where the boundaries or name of any territorial division mentioned in any such order or orders 
is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such 
order up-to-date. 

(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as 

may be after it is issued, before the concerned Legislative Assembly.  

Scheduled Castes and Scheduled Tribes 

23. Amendment of the Scheduled Castes Order.—On and from the appointed day, the Constitution 

(Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule.  

24. Amendment of the Scheduled Tribes Order.—On and from the appointed day, the Constitution 

(Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule. 

PART IV 

HIGH COURT 

25. High Court of Jharkhand.—(1) On and from the appointed day, there shall be a separate High 
Court  for the  State of Jharkhand  (hereinafter referred  to as the  High  Court of Jharkhand)  and  the  High 
Court  at  Patna  shall  become  the  High  Court  for  the  State  of  Bihar  (hereinafter  referred  to  as  the  High 
Court at Patna). 

(2) The principal seat of the High Court of Jharkhand shall be at such place as the President may, by 

notified order, appoint. 

(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High 
Court of Jharkhand may sit at such other place or places in the State of Jharkhand other than its principal 
seat as the Chief Justice may, with the approval of the Governor of Jharkhand, appoint. 

26.  Judges  of  High  Court.—(1)  Such  of  the  Judges  of  the  High  Court  at  Patna  holding  office 
immediately before the appointed day as may be determined by the President shall on that day cease to be 
Judges of the High Court at Patna and become Judges of the High Court of Jharkhand. 

(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Jharkhand shall, 
except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in 
that Court according to the priority of their respective appointment as Judges of the High Court of Patna. 

27. Jurisdiction of High Court.—The High Court of Jharkhand shall have, in respect of any part of 
the territories included in the State of Jharkhand, all such jurisdiction, powers and authorities as, under the 
law  in  force  immediately  before  the  appointed  day,  are  exercisable  in  respect  of  that  part  of  the  said 
territories by the High Court at Patna. 

28. Special provision relating to Bar Council and Advocates.—(1) On and from the appointed day, 
in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), after the words 
―Jammu and Kashmir‖, the word ―Jharkhand‖ shall be inserted.  

(2)  Any  person  who  immediately  before  the  appointed  day  is  an  advocate  on  the  roll  of  the  Bar 
Council of the existing State of Bihar may give his option in writing, within one year from the appointed 
day  to  the  Bar  Council  of  such  existing  State,  to  transfer  his  name  on  the  roll  of  the  Bar  Council  of 
Jharkhand and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules 
made thereunder, on such option so given his name shall be deemed to have been transferred on the roll 
of the Bar Council of Jharkhand with effect from the date of the option so given for the purposes of the 
said Act and the rules made thereunder. 

9 

 
(3) The  person  other  than the  advocates  who  are  entitled  immediately  before  the  appointed  day,  to 
practise in the High Court at Patna or any subordinate court thereof shall, on and after the appointed day, 
be recognised as such persons entitled also to practise in the High Court of Jharkhand or any subordinate 
court thereof, as the case may be. 

(4) The right of audience in the High Court of Jharkhand shall be regulated in accordance with the 
like principles as, immediately before the appointed day, are in force with respect to the right of audience 
in the High Court at Patna. 

29. Practice and procedure in common High Court.—Subject to the provisions of this Part, the law 
in force immediately before the appointed day with respect to practice and procedure in the High Court at 
Patna  shall,  with  the  necessary  modifications,  apply  in  relation  to  the  High  Court  of  Jharkhand,  and 
accordingly,  the  High  Court  of  Jharkhand  shall  have  all  such  powers  to  make  rules  and  orders  with 
respect to practice and procedure as immediately before the appointed day exercisable by the High Court 
at Patna: 

Provided  that  any  rules  or  orders  which  are  in  force  immediately  before  the  appointed  day  with 
respect  to  practice  and  procedure  in  the  High  Court  at  Patna  shall,  until  varied  or  revoked  by  rules  or 
orders  made  by  the  High  Court  of  Jharkhand,  apply  with  the  necessary  modifications  in  relation  to 
practice and procedure in the High Court of Jharkhand as if made by that court.  

30. Custody of seal of High Court.—The law in force immediately before the appointed day with 
respect to the custody of the seal of the High Court at Patna shall with the necessary modifications, apply 
with respect to the custody of the seal of the High court of Jharkhand. 

31.  Form  of  writs  and  other  processes.—The  law  in  force  immediately  before  the  appointed  day 
with respect to the form of writs and special processes used, issued or awarded by the High Court at Patna 
shall, with the necessary modificaitons, apply with respect to the form of writs and other processes used, 
issued or awarded by the High Court of Jharkhand. 

32.  Powers  of  Judges.—The  law  in  force  immediately  before  the  appointed  day  relating  to  the 
powers of the Chief Justice, single Judges and division courts of the High Court at Patna with respect to 
all  matters  ancillary  to  the  exercise  of  those  powers  shall,  with  the  necessary  modification,  apply  in 
relation to the High Court of Jharkhand. 

33.  Procedure  as  to  appeals  to  Supreme  Court.—The  law  in  force  immediately  before  the 
appointed day relating to appeals to the Supreme Court from the High Court at Patna and the Judges and 
division  courts  thereof  shall,  with  the  necessary  modification,  apply  in  relation  to  the  High  Court  of 
Jharkhand.  

34. Transfer of proceedings from High Court at Patna to High Court of Jharkhand.—(1) Except 
as hereinafter provided, the High Court at Patna shall, as from the appointed day, have no jurisdiction in 
respect of the transferred territory. 

(2) Such proceedings pending in the High Court at Patna immediately before the appointed day as are 
certified, whether before or after that day, by the Chief Justice of the High Court, having regard to the 
places of accrual of the cause of action and both other circumstances, to be proceedings which are ought 
to be heard and decided by the High Court of Jharkhand shall as soon as may be after such certification, 
be transferred to the High Court of Jharkhand. 

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 27, but 
save as hereinafter provided, the High Court at Patna shall have, and the High Court of Jharkhand shall 
not  have,  jurisdiction  to  entertain,  hear  or  dispose  of  appeals,  applications  for  leave  to  appeal  to  the 
Supreme Court, applications for review and other proceedings where any such proceedings seek any relief 
in respect of any order passed by the High Court at Patna before the appointed day: 

Provided that if after such proceedings have been entertained by the High Court at Patna, it appears to 
the Chief Justice of the High Court that they ought to be transferred to the High Court of Jharkhand, he 
shall  order  that  they  shall  be  so  transferred,  and  such  proceedings  shall  thereupon  be  transferred 
accordingly. 

(4) Any order made by the High Court at Patna— 

(a)  before  the  appointed  day,  in  any  proceeding  to  the  High  Court  of  Jharkhand  by  virtue  of            

sub-section (2), or 

10 

 
(b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue 
of sub-section (3) shall for all purposes have effect, not only as an order or the High Court at Patna, 
but also as an order made by the High Court of Jharkhand. 

35.  Right  to  appear  or  to  act  in  proceedings  transferred  to  High  Court  of  Jharkhand.—Any 
person,  who  immediately  before  the  appointed  day,  is  an  advocate  entitled  to  practice  or  an  attorney 
entitled  to  act,  in  the  High  Court  at  Patna  and  so  authorised  to  appear  or  to  act  in  any  proceedings 
transferred from that High Court to the High Court of Jharkhand under section 34 shall have the right to 
appear or to act, as the case may be, in the High Court of Jharkhand in relation to those proceedings.  

36. Interpretation.—For the purposes of section 34— 

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues 
between the parties, including any issues with respect to the taxation of the costs of the proceedings 
and  shall  include  appeals,  applications  for  leave  to  appeal  to  the  Supreme  Court,  application  for 
review, petitions for revision and petition for writs; 

(b) references to a High Court shall be construed as including references to a Judge or division 
court  thereof,  and  reference  to  order  made  by  a  court  or  the  Judge  shall  be  construed  as  including 
references to a sentence, judgment or decree passed or made by that court of Judge. 

37. Saving.—Nothing in this Part shall affect the application to the High Court of Jharkhand of any 
provisions of the Constitution, and this Part shall have effect subject to any provision that may be made 
on or after the appointed day with respect to that High Court by any Legislature or other authority having 
power to make such provision. 

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES  

PART V 

38. Authorisation of expenditure of Jharkhand State.—The Governor of Bihar may, at any time 
before  the  appointed  day,  authorise  such  expenditure  from  the  Consolidated  Fund  of  the  State  of 
Jharkhand as he deems necessary for any period not more than six months beginning with the appointed 
day pending the sanction of such expenditure by the Legislative Assembly of the State of Jharkhand:   

Provided  that  the  Governor  of  Jharkhand  may,  after  the  appointed  day,  authorise  such  further 
expenditure as he deems necessary from the Consolidated Fund of the State of Jharkhand for any period 
not extending beyond the said period of six months. 

39. Reports relating to accounts of Bihar State.—(1) The reports of the Comptroller and Auditor-
General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of 
Bihar in respect of any period prior to the appointed day shall be submitted to the Governor of each of the 
successor  States of  Bihar and Jharkhand  who  shall  cause them  to  be laid  before  the  Legislature  of  that 
State. 

(2) The President, after considering the views of the State Legislatures of the  successor States, may 

by order— 

(a)  declare  any  expenditure  incurred  out  of  the  Consolidated  Fund  of  Bihar  on  any  service  in 
respect of any period prior to the appointed day during the financial year or in respect of any earlier 
financial year in excess of the amount granted for that service and for that year as disclosed in the 
reports referred to in sub-section (1) to have been duly authorised; and  

(b) provide for any action to be taken on any matter arising out of the said reports.  

40.  Distribution  of revenue.—The  President  shall, by  order,  determine  the  share of  States  of  Bihar 
and Jharkhand in the total amount payable to the existing State of Bihar on the recommendation of the 
Finance Commission constituted under article 280 of the Constitution, in such manner as he thinks fit.  

PART VI 

APPORTIONMENT OF ASSETS AND LIABILITIES 

41. Application of Part.—(1) The provisions of this Part shall apply in relation to the apportionment 

of the assets and liabilities of the existing State of Bihar immediately before the appointed day. 

11 

 
(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the 
predecessor State and the successor States shall be liable to bear the financial liabilities arising out of the 
decisions taken by the existing State of Bihar. 

(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may 
be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst 
the successor States. 

(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual 
agreement,  failing  which  by  order,  by  the  Central  Government  on  the  advice  of  the  Comptroller  and 
Auditor-General of India 

42. Land and goods.—(1) Subject to other provisions of this Part, all land and all stores, articles and 

other goods belonging to the existing State of Bihar shall,— 

(a) if within the transferred territory, pass to the State of Jharkhand; or 

(b) in any other case, remain the property of the State of Bihar: 

Provided that where the Central Government is of opinion that any goods or class of goods should be 
distributed  between  the  States  of  Bihar  and  Jharkhand,  otherwise  that  according  to  the  situation  of  the 
goods,  the  Central  Government  may  issue  such  directions  as  it  thinks  fit  for  a  just  and  equitable 
distribution of the goods and the goods shall pass to the successor States accordingly. 

(2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or 
undertakings  or  on  particular  works  under  construction,  shall  pass  to  the  successor  States  in  whose 
territories such institutions, workshops, undertakings or works are located. 

(3) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the 
whole of the existing State of Bihar shall be divided as may be agreed upon between the successor States, 
or in default of such agreement, as the Central Government may by order direct for a just and equitable 
distribution of such stores. 

(4) Any other unissued stores of any class in the existing State of Bihar shall be divided between the 
successor States in proportion to the total stores of that class purchased in the period of three years prior 
to the appointed day, for the territories of the existing State of Bihar included respectively in each of the 
successor States: 

Provided that where such proportion cannot be ascertained in respect of any class of stores or where 
the  value  of  any  class  of  such  stores  does  not  exceed  rupees ten  thousand,  that class  of  stores  shall  be 
divided between the successor States according to the population ratio. 

(5) In this section, the expression ―land‖ includes immovable property of every kind and any rights in 
or over such property, and the expression ―goods‖ does not include coins, bank notes and currency notes.  

43.  Treasury  and  bank  balances.—The  total  of  the  cash  balances  in  all  treasuries  of  the  State  of 
Bihar and the credit balances of the State with Reserve Bank of India, the State Bank of India or any other 
bank immediately before the appointed day shall be divided between the States of Bihar and Jharkhand 
according to the population ratio: 

Provided that for the purposes of such division, there shall be no transfer of cash balances from any 
treasury to any other treasury and the apportionment shall be effected by adjusting the credit balance of 
the two States in the books of the Reserve Bank of India on the appointed day:  

Provided further that if the State of Jharkhand has no account on the appointed day with the Reserve 
Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, 
direct. 

44. Arrears of taxes.—The right to recover arrears of any tax or duty on property, including arrears 
of  land  revenue,  shall  belong  to  the  successor  State  in  which  the  property  is  situated,  and  the  right  to 
recover arrears of any other tax or duty shall be long to the successor State in whose territories the place 
of assessment of that tax or duty is included on the appointed day. 

12 

 
 
 
45. Right to recover loans  and advances.—(1) The right of the existing State of Bihar to recover 
any  loans  or  advances  made  before  the  appointed  day  to  any  local  body,  society,  agriculturist  or  other 
person in an area within that State shall belong to the successor State in which that area is included on 
that day. 

(2)  The  right  of  the  existing  State  of  Bihar  to  recover  any  loans  or  advances  made  before  the 

appointed day to any person or institution outside that State shall belong to the State of Bihar: 

Provided that any sum recovered in respect of any such loan or advance shall be divided between the 

States of Bihar and Jharkhand according to the population ratio. 

46. Investments and credits in certain funds.—(1) The securities held in respect of the investments 
made from Cash Balances Investment Account or from any Fund in the Public Account of the existing 
State of Bihar as specified in the Seventh Schedule shall be apportioned in the ratio of population of the 
successor States: 

Provided that the securities held in investments made from the Calamity Relief Fund of the existing 

State of Bihar shall be divided in the ratio of the area of the territories occupied by the successor States: 

Provided further that the balance in the Reserve Funds in the Public Account of Bihar created wholly 
out of appropriations from the Consolidated Fund of the existing State of Bihar, to the extent the balances 
have  not  been  invested  outside  Government  account,  shall  not  be  carried  forward  to  similar  Reserve 
Funds in the Public Account of, successor States. 

(2)  The  investments  of  the  existing  State  of  Bihar  immediately  before  the  appointed  day,  in  any 
special fund, the objects of which are confined to a local area, shall belong to the State in which that area 
is included on the appointed day. 

(3)  The  investments  of  the  existing  State  of  Bihar  immediately  before  the  appointed  day  in  any 
private, commercial or industrial undertaking, in so far as such investments have not been made or are 
deemed not to have been made from the cash balance investment account, shall pass to the State in which 
the principal seat of business of the undertaking is located. 

(4)  Where  any  body  corporate  constituted  under  a  Central  Act,  State  Act  or  Provincial  Act  for  the 
existing  State  of  Bihar  or  any  part  thereof  has,  by  virtue  of  the  provisions  of  Part  II,  becomes  an          
inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the 
existing State of Bihar made before the appointed day shall, save as otherwise expressly provided by or 
under this Act, be divided between the States of Bihar and Jharkhand  in the same proportion in which the 
assets of the body corporate are divided under the provisions of this Part.  

47.  Assets  and  liabilities  of  State  undertakings.—(1)  The  assets  and  liabilities  relating  to  any 
commercial or industrial  undertaking  of  the  existing State  of  Bihar  shall  pass to  the  State in  which the 
undertaking is located. 

(2)  Where  a  depreciation  reserve  fund  is  maintained  by  the  existing  State  of  Bihar  for  any  such 
commercial or industrial undertaking, the securities held in respect of investments made from that fund 
shall pass to the State in which the undertaking is located.  

48.  Public  Debt.—(1)  All liabilities  on  account  of  Public  Debt and  Public  Account  of the existing 
State  of  Bihar  outstanding  immediately  before  the  appointed  day  shall  be  apportioned  in  the  ratio  of 
population  of  the  successor  States  unless  a  different  mode  of  apportionment  is  provided  under  the 
provisions of this Act.  

(2)  The  individual  items  of  liabilities  to  be  allocated  to  the  successor  States  and  the  amount  of 
contribution required to be made by one successor State to another shall be such as may be ordered by the 
Central Government in consultation with the Comptroller and Auditor-General of India: 

Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account 

of the existing State of Bihar shall continue to be the liabilities of the successor State of Bihar. 

(3) The liability on account of loans raised from any source and re-lent by the existing State of Bihar 
to such entities as may be specified by the Central Government and whose area of operation is confined to 
either of the successor States shall devolve on the respective States as specified in sub-section (4). 

13 

 
(4) The public debt of the existing State of Bihar attributable to loan taken from any source for the 
express purpose of re-lending the same to a specific institution and outstanding immediately  before the 
appointed day shall— 

(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of 

the State in which the local area is included on the appointed day; or 

(b) if re-lent to the Bihar State Electricity Board, the Bihar State Road Transport Corporation, or 
the  Bihar  Housing  Board  or  any  other  institution  which  becomes  an  inter-State  institution  on  the 
appointed day, be divided between the States of Bihar and Jharkhand in the same proportion in which 
the assets of such body corporate or institution are divided under the provisions of Part VII of this 
Act. 

(5)  Where  a  sinking  fund  or  a  depreciation  fund  is  maintained  by  the  existing  State  of  Bihar  for 
repayment of any loan raised by it, the securities held in respect of investments made from that fund shall 
be divided between the successor States of Bihar and Jharkhand in the same proportion in which the total 
public debt is divided between the two States under this section. 

(6)  In  this  section, the  expression  ―Government  security‖  means  a  security  created  and  issued  by  a 
State Government for the purpose of raising a public loan and having any of the forms specified in, or 
prescribed under clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944). 

49.  Floating  Debt.—The  liability  of  the  existing  State  of  Bihar  in  respect  of  any  floating  loan  to 
provide  short-term  finance  to  any  commercial  undertaking  shall  be  the  liability  of  the  State  in  whose 
territories the undertaking is located. 

50. Refund of taxes collected in excess.—The liability of the existing State of Bihar to refund any 
tax or duty on property, including land revenue, collected in excess shall be the liability of the successor 
State in whose territories the property is situated, and the liability of the existing State of Bihar to refund 
any other tax or duty collected in excess shall be the liability of the successor State in whose territories 
the place of assessment of that tax or duty is included. 

51. Deposits, etc.—(1) The liability of the existing State of Bihar in respect of any civil deposit or 
loan fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit 
has been made. 

(2) The liability of the existing State of Bihar in respect of any charitable or other endowment shall, 
as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit 
of  the  endowment  is  located  or  of  the  State  to  which  the  objects  of  the  endowment  under  the  terms 
thereof, are confined.  

52.  Provident  fund.—The  liability  of  the  existing  State  of  Bihar  in  respect  of  the  provident  fund 
account of a Government servant in service on the appointed day shall, as from that day, be the liability of 
the State to which that Government servant is permanently allotted. 

53. Pensions.—The liability of the existing State of Bihar in respect of pensions and other retirement 
benefits  shall  pass  to,  or  be  apportioned  between,  the  successor  States  of  Bihar  and  Jharkhand  in 
accordance with the provisions contained in the Eighth Schedule to this Act. 

54.  Contracts.—(1)  Where,  before  the  appointed  day,  the  existing  State  of  Bihar  has  made  any 
contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed 
to have been made in the exercise of the executive power— 

(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either 

of the successor States of Bihar and Jharkhand; and 

(b) any other case, of the State of Bihar,  

and  all  rights  and  liabilities  which  have  accrued,  or  may  accrue  under  any  such  contract  shall,  to  the 
extent  to  which  they  would  have  been  rights  or  liabilities  of  the  existing  State  of  Bihar,  be  rights  or 
liabilities of the State of Jharkhand or the State of Bihar, as the case may be: 

Provided  that  in  any  such  case  as  is  referred  to  in  clause  (b),  the  initial  allocation  of  rights  and 
liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon 
between  the  successor  States  of  Bihar  and  Jharkhand  or  in  default  of  such  agreement,  as  the  Central 
Government may, by order, direct. 

14 

 
(2) For the purposes of this section, there shall be deemed to be included in the liabilities which have 

accrued or may accrue under any contract— 

(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings 

relating to the contract; and  

(b) any liability in respect of expenses incurred in or in connection with any such proceedings. 

(3)  This  section  shall  have  effect  subject  to  the  other  provisions  of  this  Part  relating  to  the 
apportionment  of  liabilities  in  respect  of  loans,  guarantees  and  other  financial  obligations;  and  bank 
balances and securities shall, notwithstanding that the partake of the nature of contractual rights, be dealt 
with under those provisions.  

55.  Liability  in  respect  of  actionable wrong.—Where,  immediately  before  the  appointed  day,  the 
existing State of Bihar is subject to any liability in respect of any actionable wrong other than breach of 
contract, that liability shall,— 

(a)  if  the  cause  of  action  arose  wholly  within  the  territories  which,  as  from  that  day,  are  the 
territories of either of the successor States of Bihar or Jharkhand, be a liability of that successor State; 
and 

(b)  in  any  other  case,  be  initially  a  liability  of  the  State  of  Bihar,  but  subject  to  such  financial 
adjustment as may be agreed upon between the States of Bihar and Jharkhand or, in default of such 
agreement, as the Central Government may, by order, direct.  

56.  Liability  as  guarantor.—Where,  immediately  before  the  appointed  day,  the  existing  State  of 
Bihar is liable as guarantor in respect of any liability of a registered co-operative society or other person, 
that liability of the existing State of Bihar shall— 

(a) if the area of operations of such society or persons is limited to the territories which, as from 
that day, are the territories of either of the States of Bihar or Jharkhand, be a liability of that successor 
State; and 

(b)  in  any  other  case,  be  initially  a  liability  of  the  State  of  Bihar,  subject  to  such  financial 
adjustment as may be agreed upon between the States of Bihar and Jharkhand or, in default of such 
agreements, as the Central Government may, by order, direct. 

57. Items in suspense.—If any item in suspense is ultimately found to affect an asset or liability of 
the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance 
with that provision.  

58.  Residuary  provision.—The  benefit  or  burden  of  any  asset  or  liability  of  the  existing  State  of 
Bihar  not  dealt  with  in the  foregoing  provisions  of this  Part  shall pass to the  State  of  Bihar  in  the first 
instance,  subject  to  such  financial  adjustment  a  may  be  agreed  upon  between  the  States  of  Bihar  and 
Jharkhand or, in default of such agreement, as the Central Government may, by order, direct.  

59. Apportionment of assets or liabilities by agreement.—Where the successor States of Bihar and 
Jharkhand  agree  that  the  benefit  or  burden  of  any  particular  asset  or  liability  should  be  apportioned 
between  them  in  a  manner  other  than  that  provided  for  in  the  foregoing  provisions  of  this  Part, 
notwithstanding  anything  contained  therein,  the  benefit  or  burden  of  that  asset  or  liability  shall  be 
apportioned in the manner agreed upon.  

60. Power of Central Government to order allocation or adjustment in certain cases.—Where, 
by  virtue  of  any  of  the  provisions  of  this  Part,  any  of  the  successor  States  of  Bihar  and  Jharkhand 
becomes  entitled  to  any  property  or  obtains  any  benefits  or  becomes  subject  to  any  liability,  and  the 
Central Government is of opinion, on a reference made within a period of three years from the appointed 
day by either of the States, that it is just and equitable that property or those benefits should be transferred 
to, or shared with, the other successor State, or that a contribution towards that liability should be made 
by the other successor State, the said property or benefits shall be allocated in such manner between the 
two States, or the other State shall make to the State subject to the liability such contribution in  respect 
thereof,  as  the  Central  Government  may,  after  consultation  with  the  two  State  Governments,  by  order, 
determine. 

15 

 
61.  Certain  expenditure  to  be  charged  on  Consolidated  Fund.—All  sums  payable  either  by  the 
State of Bihar or by the State of Jharkhand to the other States or by the Central Government to either of 
those  States,  by  virtue  of  the  provisions  of  this  Act,  shall  be  charged  on  the  Consolidated  Fund  of  the 
State by which such sums are payable or, as the case may be, the Consolidated Fund of India.  

PART VII 

PROVISIONS AS TO CERTAIN CORPORATIONS 

62.  Provisions  as  to  Bihar  State  Electricity  Board,  State  Warehousing  Corporation  and  State 
Road Transport Corporation.—(1) The following bodies corporate constituted for the existing State of 
Bihar, namely:— 

(a) the State Electricity Board constituted under the Electricity Supply Act, 1948 (54 of 1948); 

(b)  the  State  Warehousing  Corporation  established  under  the  Warehousing  Corporations  Act, 

1962 (58 of 1962); 

(c)  the  State  Road  Transport  Corporation  established  under  the  Road  Transport  Act,  1950                  

(64 of 1950),  

shall, on and from the appointed day, continue to function in those areas in respect of which they were 
functioning immediately before that day, subject to the provisions of this section and to such directions as 
may, from time to time, be issued by the Central Government. 

(2) Any directions issued by the Central Government under sub-section (1) in respect of the Board or 
the  Corporation  shall  include  a  direction  that  the  Act  under  which  the  Board  or  the  Corporation  was 
constituted shall,  in  its  application  to  that  Board  or  Corporation,  have  effect  subject to such  exceptions 
and modifications as the Central Government thinks fit. 

(3) The Board or the Corporation referred to in sub-section (1) shall cease to function as from, and 
shall be deemed to be dissolved on such date as the Central Government may, by order, appoint; and upon 
such  dissolution,  its  assets,  rights  and  liabilities  shall  be  apportioned  between  the  successor  States  of 
Bihar  and  Jharkhand  in  such  manner  as  may  be  agreed  upon  between  them  within  one  year  of  the 
dissolution of the Board or the Corporation, as the case may be, or if no  agreement is reached, in such 
manner as the Central Government may, by order, determine: 

Provided that any liabilities of the said Board relating to the unpaid dues of the coal supplied to the 
Board by any public sector coal company shall be provisionally apportioned between the State Electricity 
Boards  constituted  respectively  in  the  successor  States  of  the  existing  State  of  Bihar  or  after  the  date 
appointed for the dissolution of the Board under this sub-section in such manner as may be agreed upon 
between the Governments of the successor States within one month of such dissolution or if no agreement 
is reached, in such manner as the Central Government may, by order, determine subject to reconciliation 
and  finalisation  of  the  liabilities  which  shall  be  completed  within  three  months  from  the  date  of  such 
dissolution  by  the  mutual  agreement  between  the  successor  States  or  failing  such  agreement  by  the 
direction of the Central Government: 

Provided further that an interest at the rate of two per cent. higher than the Cash Credit interest shall 
be paid on outstanding unpaid dues of the coal supplied to the Board by the public sector coal company 
till  the  liquidation  of  such  dues  by  the  concerned  State  Electricity  Board  constituted  in  the  successor 
States on or after the date appointed for the dissolution of the Board under this sub-section.  

(4)  Nothing  in  the  preceding  provisions  of  this  section  shall  be  construed  as  preventing  the 
Government of the State of Bihar, or, as the case may be, the Government of the State of Jharkhand from 
constituting,  at  any  time  on  or  after  the  appointed  day,  State  Electricity  Board  or  a  State  Warehousing 
Corporation or a Road Transport Corporation for the State under the provisions of the Act relating to such 
Board or Corporation; and if such a Board or Corporation is so constituted in either of the States  before 
the dissolution of the Board or the Corporation referred to in sub-section (1),— 

(a) provision may be made by order of the Central Government enabling the new Board or the 
new Corporation to take over from the existing Board or Corporation all or any of its undertakings, 
assets, rights and liabilities in that State, and  

16 

 
 
 
(b) upon the dissolution of the existing Board or Corporation,— 

(i)  any  assets,  rights  and  liabilities  which  would  otherwise  have  passed  to  that  State  by  or 
under  the  provisions  of  sub-section  (3)  shall  pass  to  the  new  Board  or  the  new  Corporation 
instead of to that State;  

(ii) any employee who would otherwise have been transferred to or re-employed by that State 

under  sub-section  (3),  read  with  clause  (i)  of  sub-section  (5),  shall  be  transferred  to  or                      
re-employed by the new Board or the new Corporation instead of to or by that State. 

(5) An agreement entered into between the successor States under sub-section (3) and an order made 
by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for 
the  transfer  or  re-employment  of  any  employee  of  the  Board  or  the  Corporation  referred  to  in               
sub-section (1),— 

(i) to or by the successor States, in the case of an agreement under sub-section (4) or an order 

made under that sub-section; 

(ii) to or by the new Board or the new Corporation constituted under sub-section (4), in the 

case of an order made under clause (a) of that sub-section,  

and, subject to the provisions of section 65, also for the terms and conditions of service applicable to such 
employees after such transfer or re-employment. 

63.  Continuance  of  arrangements  in  regard  to  generation  and  supply  of  electric  power  and 
supply  of  water.—If  it  appears  to  the  Central  Government  that  the  arrangement  in  regard  to  the 
generation or supply of electric power or the supply of water for any area or in regard to the execution of 
any project for such generation or supply has been or is likely to be modified to the disadvantage of that 
area by reason of the fact that it is, by virtue of the provisions of Part II of this Act, outside the State in 
which  the  power  stations  and  other  installations  for  the  generation  and  supply  of  such  power,  or  the 
catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the 
Central  Government  may  give  such  directions  as  it  deems  proper  to  the  State  Government  or  other 
authority concerned for the maintenance, so far as practicable, of the previous arrangement. 

64.  Provisions  as  to  Bihar  State  Financial  Corporation.—(1)  The  Bihar  State  Financial 
Corporation established under the State Financial Corporation Act, 1951 (63 of 1951) shall, on and from 
the appointed day, continue to function in those areas in respect of which it was functioning immediately 
before that day, subject to the provisions of this section and to such directions as may, from time to time, 
be issued by the Central Government. 

(2)  Any  directions  issued  by  the  Central  Government  under  sub-section  (1)  in  respect  of  the 
Corporation  may  include  a  direction  that  the  said  Act,  in  its  application  to  the  Corporation,  shall  have 
effect subject to such exceptions and modifications as may be specified in the direction. 

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors 
of the Corporation may, with the previous approval of the Central Government and shall, if so required by 
the Central Government, convene at any time after the appointed day a meeting for the consideration of a 
scheme  for  the  reconstitution  or  reorganisation  or  dissolution,  as  the  case  may  be,  of  the  Corporation, 
including  proposals  regarding  the  formation  of  new  Corporation,  and  the  transfer  thereto  of  the  assets, 
rights and liabilities of the existing Corporation, and if such a scheme is approved at the general meeting 
by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted 
to the Central Government for its sanction. 

(4)  If  the  scheme  is  sanctioned  by  the  Central  Government  either  without  modifications  or  with 
modifications which are approved at a general meeting, the Central Government shall certify the scheme, 
and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any 
law  for  the  time  being  in  force,  be  binding  on  the  corporations  affected  by  the  scheme  as  well  as  the 
shareholders and creditors thereof. 

(5) If the scheme is not so approved or sanctioned, the Central Government may refer the scheme to 
such Judge of the High Court at Patna and Jharkhand as may be nominated in this behalf by the Chief 
Justice thereof, and the decision of the Judge in regard to the scheme shall be final and shall be binding on 
the corporations affected by the scheme as well as the shareholders and creditors thereof. 

17 

 
(6)  Nothing  in  the  preceding  provisions  of  this  section  shall  be  construed  as  preventing  the 
Government of the States of Bihar and Jharkhand from constituting, at any time on or after the appointed 
day,  a  State  Financial  Corporation  for 
Act, 1951 (63 of 1951).  

that  State  under 

the  State  Financial  Corporations                                      

65. Provisions as to certain companies.—(1) Notwithstanding anything contained in the foregoing 
provisions of this Part, each of the companies specified in the Ninth Schedule to this Act shall, on and 
from  the  appointed  day  and  until  otherwise  provided  for  in  any  law,  or  in  any  agreement  among  the 
successor States, or in any direction issued by the Central Government, continue to function in the areas 
in which it was functioning immediately before that day; and the Central Government may, from time to 
time, issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to 
the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law. 

(2)  Any  directions  issued  under  sub-section  (1)  in  respect  of  a  company  referred  to  in  that                         

sub-section, may include directions— 

(a)  regarding  the  division  of  the  interests  and  shares  of  existing  state  of  Bihar  in  the  company 

among the successor States; 

(b) requiring the reconstitution of the Board of Directors of the company so as to give adequate 

representation to both the successor States. 

66. General provision as to statutory corporations.—(1) Save as otherwise expressly provided by 
the foregoing provisions of this Part, where anybody corporate constituted under a Central Act, State Act 
or  Provincial  Act  for  the  existing  State  of  Bihar  or  any  part  thereof  has,  by  virtue  of the  provisions  of            
Part II of this Act, become an inter-State body corporate, then, the body corporate shall, on and from the 
appointed day, continue to function and operate in those areas in respect of which it was functioning and 
operating immediately before that day, subject to such directions as may from time to time be issued by 
the Central Government, until other provision is made by law in respect of the said body corporate. 

(2)  Any  directions  issued  by  the  Central  Government  under  sub-section  (1)  in  respect  of  any  such 
body corporate shall include a direction that any law by which the said body corporate is governed shall, 
in its application to that body corporate, have effect subject to such exceptions and modifications as may 
be specified in the direction. 

67.  Temporary  provisions  as  to  continuance  of  certain  existing  road  transport  permits.—(1) 
Notwithstanding anything contained in section 88 of the Motor Vehicles Act, 1988 (59 of 1988) a permit 
granted  by  the  State  Transport  Authority  of  the  existing  State  of  Bihar  or  any  Regional  Transport 
Authority in that State shall, if such permit was, immediately before the appointed day, valid and effective 
in any area in the transferred territory, be deemed to continue to be valid and effective in that area after 
that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be 
necessary for any such permit to be countersigned by the State Transport Authority of Jharkhand or any 
Regional Transport Authority therein for the purpose of validating it for use in such area: 

Provided that the Central Government may, after consultation with the successor State Government or 
Governments concerned add to, amend or vary the conditions attached to the permit by the Authority by 
which the permit was granted. 

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in 
respect of any transport vehicle for its operations in any of the successor States under any such permit, if 
such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees 
or other charges for its operations in the transferred territory: 

Provided  that  the  Central  Government  may,  after  consultation  with  the  State  Government  or 
Governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case 
may be.  

68.  Special  provisions  relating  to  retrenchment  compensation  in  certain  cases.—Where  on 
account of the reorganisation of the existing State of Bihar under this Act, any body corporate constituted 
under  a  Central  Act,  State  Act  or  Provincial  Act,  any  co-operative  society  registered  under  any  law 
relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted 
or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative  

18 

 
 
society  or  undertaking,  or  is  dissolved,  and  in  consequence  of  such  reconstitution,  reorganisation, 
amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative 
society  or  undertaking,  is  transferred  to,  or  re-employed  by  any  other  body  corporate,  or  in  any  other            
co-operative  society  or  undertaking,  then  notwithstanding  anything  contained  in  section  25F,  25FF  or 
25FFF of the Industrial Disputes Act, 1947 (14 of 1947) such transfer or re-employment shall not entitle 
in to any compensation under that section:  

Provided that— 

(a)  the  terms  and  conditions  of  service  applicable  to  the  workman  after  such  transfer  or                 

re-employment  are  not  less  favorable  to  the  workman  than  those  applicable  to  him  immediately 
before the transfer or re-employment; 

(b)  the  employer  in  relation  to  the  body  corporate,  the  co-operative  society  or  the  undertaking 
where the workman transferred or re-employed is, by agreement or otherwise, legally liable to pay to 
the workman, in the event of his retrenchment, compensation under section 25F, 25FF or 25FFF of 
the Industrial Disputes Act, 1947 (14 of 1947) on the basis that his service has been continuous and 
has not been interrupted by the transfer or re-employment. 
69.  Special  provision  as  to  income-tax.—Where  the  assets,  rights  and  liabilities  of  any  body 
corporate  carrying  on  business  are,  under  the  provisions  of  this  Part,  transferred  to  any  other  bodies 
corporate which after the transfer carry on the same business, the losses or profits or gains sustained by 
the body corporate first mentioned which, but for such transfer, would have been allowed to be carried 
forward  and  set  off  in  accordance  with  the  provisions  of  Chapter  VI  of  the  Income-tax  Act,                      
1961 (43 of 1961) shall be apportioned amongst the transferee bodies corporate in accordance with the 
rules to  be  made  by  the  Central  Government  in  this behalf and, upon such  apportionment, the  share  of 
loss  allotted  to  each  transferee  body  corporate  shall  be  dealt  with  in  accordance  with  the  provisions  of 
Chapter VI of the said Act, as if the transferee body corporate had itself sustained such loss in a business 
carried on by it in the years in which these losses were sustained. 

70. Continuance of facilities in certain State institutions.—(1) The Government of State of Bihar 
or Jharkhand, as the case may be, shall, in respect of the institutions specified in  the Tenth Schedule to 
this Act, located in that State, continue to provide facilities to the people of the other State which shall 
not, in any respect, be less favourable to such people than what were being provided to them before the 
appointed day, for such period and upon such terms and conditions as may be agreed upon between the 
two State Governments before the 1st day of December, 2001 or if no agreement is reached by the said 
date as may be fixed by order of the Central Government. 

(2) The Central Government may, at any time before the 1st day of December, 2001 by notification in 
the Official Gazette, specify in the Tenth Schedule any other institution existing on the appointed day in 
the States of Bihar and Jharkhand and on the issue of such notification, the Schedule shall be deemed to 
be amended by the inclusion of the said institution therein. 
PART VIII 
PROVISIONS AS TO SERVICES 
71. Provisions relating to All-India Services.—(1) In this section, the expression ―State cadre‖— 

(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian 

Administrative Service (Cadre) Rules, 1954; 

(b) in  relation  to the  Indian  Police  Service,  has  the meaning  assigned  to it in  the  Indian  Police 

Service (Cadre) Rules, 1954; and 

(c)  in  relation  to  the  Indian  Forest  Service,  has  the meaning  assigned  to  it  in  the  Indian  Forest 

Service (Cadre) Rules, 1966. 
(2)  In  place  of  the  cadres  of  the  Indian  Administrative  Service,  Indian  Police  Service  and  Indian 
Forest Service for the existing State of Bihar, there shall, on and from the appointed day, be two separate 
cadres,  one  for  the  State  of  Bihar  and  the  other  for  the  State  of  Jharkhand  in  respect  of  each  of  these 
services.  

(3) The initial strength and composition of the State cadres referred to in sub-section (2) shall be such 

as the Central Government may, by order, determine before the appointed day. 

(4) The members of each of the said service borne on the Bihar cadre thereof immediately before the 
appointed day shall be allocated to the State cadres of the same service constituted under sub-section (2) 
in such manner and with effect from such date or dates as the Central Government may, by order, specify. 

19 

 
(5) Nothing in this section shall be deemed to affect the operation, on or after the  appointed day, of 

the All-India Service Act, 1951 (61 of 1951) or the rules made thereunder. 

72. Provisions relating to services in Bihar and Jharkhand—(1) Every person who immediately 
before the appointed day is serving in connection with the affairs of the existing State of Bihar shall, on 
and  from  that  day  provisionally  continue  to  serve  in  connection  with  the  affairs  of  the  State  of  Bihar 
unless  he  is  required,  by  general  or  special  order  of  the  Central  Government  to  serve  provisionally  in 
connection with the affairs of the State of Jharkhand: 

Provided that no direction shall be issued under this section after the expiry of a period of one year 

from the appointed day. 

(2) As soon as may be after the appointed day, the Central Government shall, by general or special 
order, determine the successor State to which every person referred to in sub-section (1) shall be finally 
allotted for service and the date with effect from which such allotment shall take effect or be deemed to 
have taken effect. 

(3) Every person who is finally allotted under the provisions of sub-section (2) to a successor State 
shall, if he is not already serving therein be made available for serving in the successor State from such 
date as may be agreed upon between the Governments concerned or in default of such agreement, as may 
be determined by the Central Government. 

73. Other provisions relating to services.—(1) Nothing in section 72 shall be deemed to affect on or 
after  the  appointed  day  the  operation  of  the  provisions  of  Chapter  I  of  Part  XIV  of  the  Constitution  in 
relation to determination of the conditions of service of persons serving in connection with the affairs of 
the Union or any State: 

Provided that the conditions of service applicable immediately before the appointed day in the case of 

any  person  deemed  to  have  been  allocated  to  the  State  of  Bihar  or  to  the  State  of  Jharkhand  under              
section  72  shall  not  be  varied  to  his  disadvantage  except  with  the  previous  approval  of  the  Central 
Government. 

(2) All services prior to the appointed day rendered by a person— 

(a) if he is deemed to have been allocated to any State under section 72, shall be deemed to have 

been rendered in connection with the affairs of that State; 

(b) if he is deemed to have been allocated to the Union in connection with the administration of 

the Jharkhand shall be deemed to have been rendered in connection with the affairs of the Union, 

for the purposes of the rules regulating his conditions of service. 

(3) The provisions of section 72, shall not apply in relation to members of any All-India Service.  

74. Provisions as to continuance of officers in same post.—Every person who, immediately before 
the appointed day is holding or discharging the duties of any post or office in connection with the affairs 
of the existing State of Bihar in any area which on that day falls within any of the successor States shall 
continue to hold the same post or office in that successor State, and shall be deemed, on and from that 
day,  to  have  been  duly  appointed  to the  post  or  office  by  the  Government  of,  or  any  other  appropriate 
authority in, that successor State: 

Provided that nothing in this section shall be deemed to prevent a competent authority, on and from 
the  appointed  day,  from  passing  in  relation  to  such  person  any  order  affecting  the  continuance  in  such 
post or office.  

75. Advisory Committees.—The Central Government may by order establish one or more Advisory 

Committees for the purpose of assisting it in regard to— 

(a) the discharge of any of its functions under this Part; and 

(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this 

Part and the proper consideration of any representations made by such persons. 

76.  Power  of  Central  Government  to  give  directions.—The  Central  Government  may  give  such 
directions to the State Government of Bihar and the State Government of Jharkhand as may appear to it to 
be  necessary  for  the  purpose  of  giving  effect  to  the  foregoing  provisions  of  this  Part  and  the  State 
Government shall comply with such directions. 

20 

 
77.  Provisions  as  to  State  Public  Service  Commission.—(1)  The  Public  Service  Commission  for 
the existing State of Bihar shall, on and from the appointed day, be the Public Service Commission for the 
State of Bihar. 

(2) The persons holding office immediately before the appointed day as Chairman or other member of 
the  Public  Service  Commission  for the  existing  State  of  Bihar  shall,  as  from  the  appointed  day,  be  the 
Chairman or, as the case may be, the other member of the Public Service Commission for the State of 
Bihar. 

(3) Every person who becomes Chairman or other member of the Public Service Commission for the 

State of Bihar on the appointed day under sub-section (2), shall— 

(a) be entitled to receive from the Government of the State of Bihar conditions of service not less 

favourable than those to which he was entitled under the provisions applicable to him; 

(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until 
the expiration of his term of office as determined under the provisions applicable to him immediately 
before the appointed day. 
(4) The report of the Bihar Public Service Commission as to the work done by the Commission in 
respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the 
Governors of the States of Bihar and Jharkhand, and the Governor of the State of Bihar shall, on receipt 
of  such  report,  cause  a  copy  thereof  together  with  a  memorandum  explaining  as  far  as  possible,  as 
respects  the  cases,  if  any,  where  the  advice  of  the  Commission  was  not  accepted,  the  reasons  for  such                
non-acceptance  to  be  laid  before  the  Legislature  of  the  State  of  Bihar  and  it  shall  not  be  necessary  to 
cause  such  report  or any  such  memorandum  to  be  laid  before the  Legislative  Assembly  of  the  State of 
Jharkhand. 

PART IX 

MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES 

78. Water Resources Development and its Management.—(1) Notwithstanding anything contained 
in  this  Act  but  subject  to  the  provisions  of  section  79,  all  rights  and  liabilities  of  the  existing  State  of 
Bihar in relation to water resource projects in relation to,— 

(i) Ganga and its tributaries; and 

(ii) Sone and its tributaries,  

shall, on the appointed day be the rights and liabilities of the successor States in such proportion as may 
be fixed and subject to such adjustments as may be made, by agreement entered into by the said States 
after consultation with the Central Government, or, if no such agreement is entered into within two years 
of  the  appointed  day,  then  the  Central  Government  may,  by  order,  determine  within  one  year  having 
regard to the purposes of the project: 

Provided  that  the  order  so  made  by  the  Central  Government  may  be  varied  by  any  subsequent 

agreement entered into by the successor States after consultation with the Central Government. 

(2)  An  agreement  or  order  referred  to  in  sub-section  (1)  shall,  where  an  extension  or  further 
development of any of the projects referred to in that sub-section after the appointed day is undertaken, be 
the rights and liabilities of the successor States in relation to such extension or further development. 

(3) The rights and liabilities referred to in sub-sections (1) and (2) shall include,— 

(a) the right to receive and utilise the water available for distribution as a result of the projects; 

and 

(b) the right to receive and utilise the power generated as a result of the projects, 

but shall not include the rights and liabilities under any contract entered into before the appointed day by 
the Government of the existing State of Bihar with any person or authority other than Government. 

79.  Constitution  and  functions  of  Management  Board.—(1)  The  Central  Government  shall 
constitute  a  Board  to  be  called  the  Ganga  and  Sone  Management  Board  (hereinafter  referred  to  as  the 
Board)  for  administration,  construction,  maintenance  and  operation  of  projects  referred  to  in                
sub-section (1) of section 78 for any or for a combination of following purposes, namely:— 

(i) Irrigation; 

21 

 
(ii) Rural and Urban Water Supply;  

(iii) Hydro Power generation;  

(iv) Navigation; 

(v) Industries; and  

(vi)  for  any  other  purpose  which  the  Central  Government  may,  by  notification  in  the  Official 

Gazette, specify. 

(2) The Board shall consist of— 

(a)  a  whole-time  Chairman  and  two  whole-time  members  to  be  appointed  by  the  Central 

Government; 

(b) a representative each of the Government of the States of Uttar Pradesh, Bihar, Jharkhand 

and Madhya Pradesh to be nominated by the respective Governments; 

(c) two representatives of the Central Government to be nominated by that Government. 

(3) The functions of the Board shall include— 

(a) the regulation of supply of water from the projects referred to in sub-section (1) of section 78 

to States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh having regard to— 

(i)  any  agreement  entered  into  or  arrangement  made  covering  the  Governments  of  existing 

State of Bihar and the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh, and 

(ii) the agreement or the order referred to in sub-section (2) of section 78; 

(b) the  regulation  of  supply  of  power  generated at the  projects  referred  to  in  sub-section (1)  of 
section  78,  to  any  Electricity  Board  or  other  authority  incharge  of the  distribution  of  power  having 
regard to— 

(i)  any  agreement  entered  into  or  arrangement  made  covering  the  Governments  of  existing 

State of Bihar and the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh, and 

(ii) the agreement or the order referred to in sub-section (2) of section 78; 

(c) the examination of the requirement of funds for various projects in terms of the programme 
laid  down for  such  projects  and to advise  the  apportionment  of the expenditure  to the  participating 
States keeping in view the agreement on the sharing of cost; 

(d)  to  decide  the  withdrawal  of  water  from  the  reservoirs  during  the  construction  period  for 

irrigation and power purposes with a view to securing better use of available water; 

(e) the responsibility of devising programme of resettlement for persons  displaced as a result of 

Irrigation Projects; 

(f)  construction of such  of  the remaining  or  new  works  connected  with the  development  of  the 
water resource project relating to the rivers or their tributaries as the Central Government may specify 
by notification in the Official Gazette; and 

(g) such other functions as the Central Government may after consultation with the Governments 

of the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh entrust to it.  

80. Staff of the Management Board.—(1) The Board may employ such staff, as it may consider 

necessary for the efficient discharge of its functions under this Act: 

Provided  that  every  person  who  immediately  before  the  constitution  of  the  said  Board  was 
engaged in the construction, maintenance or operation of the works relating to the projects referred to 
in sub-section (1) of section 78 shall continue to be so employed under the Board in connection with 
the said works on the same terms and conditions of the service as were applicable to him before such 
constitution until the Central Government by order, directs otherwise: 

22 

 
 
 
Provided further that the said Board may at any time in consultation with the State Governments 
or the Electricity Board concerned and with prior approval of the Central Government retain any such 
person for service under that State Government or Board. 

(2) The Government of the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh shall 
at all times provide the necessary funds to the Board to meet all expenses (including the salaries and 
allowances  of  the  staff)  required  for  the  discharge  of  its  functions  and  such  amounts  shall  be 
apportioned among the States concerned in such proportion as the Central Government may having 
regard to the benefits to each of the said States specify. 

(3) The Board shall be under the control of the Central Government and shall comply with such 

directions, as may from time to time, be given to it by that Government. 

(4)  The  Board  may,  with  the  approval  of  the  Central  Government  delegate  such  of  its  powers, 
functions  and  duties  as  it  may  deem  fit  to  the  Chairman  of  the  said  Board  or  to  any  officer 
subordinate to the Board. 

(5) The Central Government may, for the purpose of enabling the Board to function efficiently, 
issue  such  directions  to  the  State  Governments  concerned,  or  any  other  authority,  and  the  State 
Governments, or the other authority shall comply with such directions. 

81. Jurisdiction of the Board.—(1) The Board shall, ordinarily exercise jurisdiction in regard to 
any  of  the  projects  referred  to  in  sub-section  (1)  of  section  78  over  headwork  (barrages,  dams, 
reservoir, regulating construction), part of canal network and transmission lines necessary to deliver 
water or power to the States concerned. 

(2) If any question arises as to whether the Board has jurisdiction under sub-section (1) over any 

project referred thereto, the same shall be referred to the Central Government for decision thereon. 

82.  Power  to  make  regulations.—The  Board  may,  with  the  prior  approval  of  the  Central 
Government  by  notification  in  the  Official  Gazette,  make  regulations  consistent  with  this  Act  and 
orders made thereunder, to provide for— 

(a) regulating the time and place of meetings of the Board and the procedure to be followed 

for the transaction of business at such meetings; 

(b) delegation of powers and duties to the Chairman or any officer of the Board; 

(c) the appointment and regulation of the conditions of service of the officers and other staff 

of the Board; and 

(d) any other matter for which regulations are considered necessary by the Board.  

PART X 

LEGAL AND MISCELLANEOUS PROVISIONS 

83.  Amendment  of  Act  37  of  1956.—On  and  from  the  appointed  day,  in  section  15  of  the  States 
Reorganisation Act, 1956, in clause (c), for the word ―Bihar‖, the words ―Bihar and Jharkhand‖ shall be 
substituted.  

84. Territorial extent of laws.—The provisions of Part II of this Act shall not be deemed to have 
effected  any  change  in  the  territories  to  which  any  law  in  force  immediately  before  the  appointed  day 
extends or applies, and territorial references in any such law to the State of Bihar shall, until otherwise 
provided by a competent Legislature or other competent authority be construed as meaning the territories 
within the existing State of Bihar before the appointed day. 

85. Power to adapt laws.—For the purpose of facilitating the application in relation to the State of 
Bihar or Jharkhand of any law made before the appointed day, the appropriate Government may, before 
the expiration of two years from that day, by order, make such adaptations and modifications of the law, 
whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law 
shall have effect subject to the adaptations and modifications so made until altered, repealed or amended 
by a competent Legislature or other competent authority. 

Explanation.—In  this section,  the expression  ―appropriate  Government‖  means as  respects any  law 
relating to a matter enumerated in the Union List, the Central Government, and as respects any other law 
in its application to a State, the State Government.  

23 

 
86. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been 
made under section 85 for the adaptation of a law made before the appointed day, any court, tribunal or 
authority, required or empowered to enforce such law may, for the purpose of facilitating its application 
in  relation  to  the  State  of  Bihar  or  Jharkhand,  construe  the  law  in  such  manner,  without  affecting  the 
substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. 

87. Power to name authorities, etc., for exercising statutory functions.—The Government of the 
State  of  Jharkhand,  as  respects  the  transferred  territory  may,  by  notification  in  the  Official  Gazette, 
specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise 
such functions  exercisable under any law in force on that day as may be  mentioned in that notification 
and such law shall have effect accordingly. 

88. Legal proceedings.—Where immediately before the appointed day, the existing State of Bihar is 
a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment 
between the States of Bihar and Jharkhand under this Act, the State of Bihar or Jharkhand which succeeds 
to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act 
shall be deemed to be substituted for the existing State of Bihar or added as a part to those proceedings, 
and the proceedings may continue accordingly. 

89.  Transfer  of  pending  proceedings.—(1)  Every  proceeding  pending  immediately  before  the 
appointed day before a court (other than the High Court), tribunal, authority or officer in any area which 
on that day falls within the State of Bihar shall, if it is a proceeding relating exclusively to the territory, 
which  as from that day is the territory of Jharkhand State, stand transferred to the corresponding court, 
tribunal, authority or officer of that State. 

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), 

it shall be referred to the High Court at Patna and the decision of that High Court shall be final. 

(3) In this section— 

(a) ―proceeding‖ includes any suit, case or appeal; and 

(b) ―corresponding court, tribunal, authority or officer‖ in the State of Jharkhand means— 

(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would 

have laid if it had been instituted after the appointed day; or  

(ii)  in  case  of  doubt,  such  court,  tribunal,  authority,  or  officer  in  that  State,  as  may  be 
determined after the appointed day by the Government of that State or the Central Government, 
as the case may be, or before the appointed day by the Government of the existing State of Bihar 
to be the corresponding court, tribunal, authority or officer.  

90.  Right  of  pleaders  to  practise  in  certain  cases.—Any  person  who,  immediately  before  the 
appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of 
Bihar  shall,  for  a  period  of  one  year  from  that  day  continue  to  be  entitled  to  practise  in  those  courts, 
notwithstanding  that  the  whole  or  any  part  of  the  territories  within  the  jurisdiction  of  those  courts  has 
been transferred to the State of Jharkhand.  

91. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act shall 

have effect notwithstanding anything inconsistent therewith contained in any other law. 

92. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to 
him to be necessary or expedient for the purpose of removing the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  three  years  from  the 

appointed day. 

(2) Every order made under this section shall be laid before each House of Parliament. 

24 

 
 
THE FIRST SCHEDULE 

(See section 8) 

(i)  Of  the  seven  sitting  members  whose  term  of  office  will  expire  on  9th  April,  2002,  namely, 

1[Obaidullah  Khan],  1[Ven  Dhamma  Viriyo],  Shri  Nagendra  Nath  Ojha,  Shri  Prem  Chand  Gupta,                  
Shri  Ranjan  Prasad  Yadav,  Shri  1[Shatrughan  Prasad  Sinha]  and  Shri  Ram  Deo  Bhandari,               
1[Obaidullah Khan] and  1[Ven Dhamma Viriyo], shall be deemed to have been elected to fill two of the 
seats allotted to the State of Jharkhand and the other five sitting members shall be deemed to have been 
elected to fill five of the seats allotted to the State of Bihar. 

(ii)    Of  the  seven  sitting  members  whose    term  of  office  will  expire  on  7th  July,  2004,  namely,            

Shri Shibu Soren, Shri Gaya Singh, Shri Parmeshwar Kumar Agrawala, Shri Anil Kumar, Dr R.K. Yadav 
Ravi, Shri Kapil Sibal, Smt. Saroj Dubey, Shri Shibu Soren and Shri Parmeshwar Kumar Agrawala shall 
be deemed to have been elected to fill two of the seats allotted to the State of Jharkhand and the other five 
sitting members shall be deemed to have been elected to fill five of the seats allotted to the State of Bihar. 

(iii)  Of  the  eight  sitting  members  whose  term  of  office  will  expire  on  2nd  April,  2006,  namely,                

Shri S.S. Ahluwalia, Smt. Kum Kum Rai, Shri Faguni Ram, Shri Mahendra Prasad,  Shri Ravi Shankar 
Prasad,  Shri  Rajiv  Ranjan  Singh,  Shri  Ram  Kumar  Anand  and  Shri  Vijay  Singh  Yadav,  Shri  S.S. 
Ahluwalia  and  Shri  Ram  Kumar  Anand,  shall  be  deemed  to  have  been  elected  to  fill  two  of  the  seats 
allotted to the State of Jharkhand and the other six sitting members shall be deemed to have been elected 
to fill six of the seats allotted to the State of Bihar. 

1. Subs. by notification No. G.S.R. 675(E) (w. e. f. 19-8-2003). 

25 

 
 
                                                           
THE SECOND SCHEDULE 

(See section 10) 

In the Delimitation of Parliamentary and Assembly Constituencies Order, 1976,— 

(i) in Schedule I— 

(a) for serial number 3 and the entries relating thereto, the following shall be substituted, namely:— 

1 

1 

―3 Bihar 

2 

53 

3 

7 

4 

5 

5 

40 

6 

7 

7 

..‖; 

(b) after serial number 21, the following serial number and entries shall be inserted, namely:— 

1 

―21A 

2 

Jharkhand 

3 

.. 

(ii) in Schedule II,— 

4 

.. 

5 

14 

6 

1 

7 

5..‖; 

(a) for serial number 3 and the entries relating thereto, the following shall be substituted, namely:— 

1 

―3 Bihar 

2 

318 

3 

45 

4 

29 

5 

243 

6 

39 

7 

..‖; 

 (b) after serial number 21, the following serial number and entries shall be inserted, namely:— 

1 

―21A 

2 

Jharkhand 

3 

.. 

(iii) in Schedule V,— 

4 

.. 

5 

81 

6 

9 

7 

28‖; 

(a) in Part A—Parliamentary Constituencies,— 

(A) serial numbers 26 to 28, 44 to 54 and the entries relating thereto shall be omitted; 

(B)  against serial number 29,— 

(1) the entry ―158 Deoghar (SC)‖ shall be omitted; 

(2) after entry ―176-Kataria‖, the entry ―177-Chakai‖ shall be inserted; 

(C) against serial number 30, the entry ―164-Mahagama‖ shall be omitted; 
(D) against serial number 30, for the figures and words 1[ ―171-Sultanganj‖ and ―173-Dhuraiya‖ 

the figures, words and letters ―171-Sultanganj (SC)‖ and ―173-Dhuraiya (SC)‖ shall be substituted]; 

(E)  against  serial  number  40,  after  entry  ―241-Goh‖,  the  entry  ―251-Imamganj  (SC)‖  shall  be 

inserted; 

(F) against serial number 42, for entry ―256-Atri‖, the entry ―255-Fatehpur (SC), 256- Atri‖ shall 

be substituted; 

(G) against serial number 43, after entry ―253-Bodhgaya (SC)‖, the entry ―254-Barachatti (SC)‖ 

shall be inserted; 

(b)  in  Part  B—Assembly  Constituency,  serial  numbers  147  to  164,  262  to  324  and  the  entries 

relating thereto shall be omitted. 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 

26 

 
 
 
 
 
 
                                                           
(iv) after Schedule XXII, the following Schedule shall be inserted, namely:— 

―SCHEDULE XXIIA 

JHARKHAND 

Part A.—PARLIAMENTARY CONSTITUENCIES 

Serial No. 

Name and extent of constituencies 
1.  Rajmahal  (ST).—l-Rajmahal,  1[2-Borio  (ST)],  3-Barhait  (ST),  4-Litipara  (ST),  5-Pakaur,                       

6-Maheshpur (ST). 

2. Dumka (ST).—7-Sikaripara (ST), 8-Nala, 9-Jamtara, 14-Sarath, 10-Dumka (ST), 11- Jama (ST). 

3. Godda.—13-Madhupur, 15-Deoghar (SC), 12-Jarmundi, 16-Poreyahat, 17-Godda,18-Mahagama. 

4. Chatra.—27-Chatra (SC), 26-Simaria (SC), 74-Latehar (SC), 75-Panki, 73-Manika (ST). 

5. Kodarma.—19-Kodarma, 20-Barkatha, 28-Dhanwar, 29-Bagodar, 30-Jamua (SC), 31-Gandey. 

6. Giridih.—32-Giridih, 33-Dumri, 34-Gomia, 35-Bermo, 42- Tundi, 43-Baghmara. 

7. Dhanbad.—36-Bokaro, 38-Sindri, 39-Nirsa, 40-Dhanbad, 41-Jharia, 37-Chandankiyari (SC). 

8. Ranchi.—50-Ichagarh, 61-Silli, 62-Khijri (ST), 63-Ranchi; 64-Hatia, 65-Kanke (SC). 

9.  Jamshedpur.—1[44-Bahragora],  45-Ghatsila 

(ST),  46-Potka 

(ST),  47-Jugsalai 

(SC),                             

48-Jamshedpur-East, 49-Jamshedpur-West. 

10.  Singhbhum 

(ST).—51-Seraikela 
54-Jaganathpur (ST), 55-Manoharpur (ST), 1[56-Chakradharpur (ST)]. 

(ST),  52-Chaibasa 

(ST),  53-Majhgaon 

(ST),                                       

11. Khunti (ST).—57-Kharsawar (ST), 58-Tamar (ST), 59-Torpa (ST), 60-Khunti (ST), 71-Kolebira 

(ST), 70- Simdega (ST). 

12.  Lohardaga  (ST).—66-Mandar  (ST),  67-Sisai  (ST),  68-Gumla  (ST),  69-Bishunpur  (ST),                  

1[72-Lohardaga (ST)]. 

13.  Palamau 

(SC).—76-Daltonganj,  80-Garhwa,  81-Bhawanathpur,  77-Bishrampur,                      

78-Chhatarpur (SC), 79-Hussainabad.  

14.   Hazaribagh.—21-Barhi, 22-Barkagaon, 23-Ramgarh, 24-Mandu, 25-Hazaribagh. 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 

27 

 
 
 
 
 
 
 
 
 
 
 
 
                                                           
 
PART B.—ASSEMBLY CONSTITUENCIES 

Serial No. 

Name and extent of constituencies 

SAHEBGANJ DISTICT 

1. Rajmahal.—Rajmahal and Sahebganj Police Stations in Rajmahal Sub-division. 

2.  Borio  (ST).—Borio  and  Taljhari  Police  Stations  in  Rajmahal  sub-division;  and  Boarijor  Police 

Station (excluding G.Ps. Rajabhita, Kero, Kairasol, Bara Telo and Barapipra) in Godda sub-division. 

3.  Barhait  (ST).—Barhait  and  Ranga  Police  Stations  in  Rajmahal  sub-division;  and  Sundarpahari 
Police Station and G.Ps. Rajabhita, Kera, Kairasol, Bara Telo and Barapipra in Boarijar Police Station in 
Godda  sub-division. 

PAKAUR DISTRICT 

4.  Litipara  (ST).—Litipara,  Amrapara  and  Hiranpur  Police  Stations  in  Pakaur  sub-division;  and 

Gopikandar  Police Station in Dumka Sadar sub-division. 

5. Pakaur.—Pakaur Police Station in Pakaur sub-division; and Barharwa Police Station in Rajmahal 

sub-division. 

6. Mahaeshpur (ST).—Maheshpur and Pakuria Police station in Pakaur sub-division. 

DUMKA DISTRICT 

7.  Sikaripara  (ST).—Sikaripara,  Raneshwar  and  kathikund  Police  Stations  in  Dumka  Sadar                  

sub-division. 

8. Nala.—Nala and Kundahit Police Stations in Jamtara sub-division. 

9.  Jamtara.—Jamtara  Police  Stations  (excluding  G.Ps.  Karmatanr,  Sahajpur,  Pindari,  Lakhanpur, 

Rataniya, Rampurbhitra and Kajra) and Narayanpur Police Station in Jamtara sub-division. 

10.  Dumka  (ST).—Dumka  Town,  Dumka  Mufassil  and  Masalia  Police  Stations  in  Dumka  Sadar            

sub-division. 

11. Jama (ST).—Jama and Ramgarh Police Stations in Dumka Sadar sub-division. 

12.Jarmundi.— Jarmundi Police Station in Dumka Sadar sub-division; and Sarawan Police Station 

in Deoghar sub-division. 

DEOGHAR DISTRICT 

13.  Madhupur.—Madhupur  and  Karon  Police  Stations  and  G.Ps.  Kusmil,  Chanddih,  Pathra  and 

Basbariya in Jasidih Police Station in Deoghar sub-division. 

14.  Sarath.  —Sarath  and  Palojori  Police  Stations  in  Deoghar  sub-division;  and  G.Ps.  Karmatanr, 
Sahajpur,  Pindari,  Lakhanpur,  Rataniya,  Rampurbhitra  and  Kajra  in  Jamtara  Police  Station  in  Jamtara     
sub-division. 

15.  Deoghar  (SC).—Deoghar  Town  and  Mohanpur  Police  Stations  and  Jasidih  Police  Station 

(excluding G.Ps. Kusmil, Chanddih, Pathra and Basbariya) in Deoghar sub-division. 

GODDA DISTRICT 

16. Poreyahat.—Poreyahat Police Station and G.Ps. Burhikura, Dammajhilua, Sandmara, Nonbatta, 
Makhni, Pathra nad Punsiya in Godda Police Station in Godda sub-division; and Saraiyahat Police Station 
in Dumka Sadar sub-division. 

17. Godda.—Godda Police Station (excluding G.Ps.  Burhikura, dammajhilua, Sandmara, Nonbatta, 

Makhni, Pathra and Punsiya) and Pathargama Police Station in Godda sub-division. 

18. Mahagama.—Mahagama and Meherma Police Stations in Godda sub-division. 

28 

 
 
Serial No. 

Name and extent of constituencies 

KODARMA DISTRICT 

19. Kodarma.— Kodarma and 1[Satgawan] Police Stations in Kodarma sub-division. 

HAZARIBAGH DISTRICT 
20.  Barkatha.—  Barkatha  and  Jainagar  Police  Stations  in  Kodarma  sub-division;  2***;  and  Ichak 

Police Station in Hazaribagh Sadar sub-division. 

21. Barhi.—Barhi Police Station in Hazaribagh Sadar sub-division; and Chauparan Police Station in 

Kodarma sub-division. 

22.  Barkagaon.—Barakgaon  Police  Station  and  G.Ps.  Terpa,  Patratu,  Koto,  Palani,1[Haphua], 
1[Hariharpur],  Gegda,  Deoria,  Bargama,  Pali,  Salgo,  Sanki,  Jabo,  Chaingara,  Chikor,  Lapanga,  Ghutua, 
Barkakana and Sidhwar-Kalan in Ramgarh Police Station in Hazaribagh Sadar sub-division. 

23.  Ramgarh.—Ramgarh  Police  Station  (excluding  G.Ps.  Terpa,  Patratu,  Koto,  Palani,1[Haphua], 
1[Hariharpur], Gegda, Deoria, Bargama, Pali, Salgo, Sanki, Jabo, 1[Chaingara], Chikor, Lapanga, Ghutua, 
Barkakana and Sidhwar-Kalan) and Gola Police Station in Hazaribagh Sadar sub-division. 

24. Mandu.—Mandu and Bishungarh Police Stations in Hazaribagh Sadar sub-division. 

25. Hazaribagh.—Hazaribagh Police Station in Hazaribagh Sadar sub-division. 

CHATRA DISTRICT 

26. Simaria (SC).—Simaria, Itkhori and Tandwa Police Stations in Chatra sub-division. 

27. Chatra (SC).—Chatra, Pratappur and Hunterganj Police Stations in Chatra sub-divison. 

GIRIDIH DISTRICT 

28. Dhanwar.—Dhanwar and Gawan Police Stations in Giridih Sadar sub-division. 

29. Bagodar.— Bagodar and Birni Police Stations in Giridih Sadar sub-division. 

30 Jamua (SC).—Jamua and Deori Police Stations in Giridih Sadar sub-division. 

31.  Gandey.—Gandey  and  Bengabad  Police  Stations  and  G.Ps.  Leda,  Semaria,  Badgunda,  Palmo, 
Sathibad, Senadoni, Dhanaidih, Guro, Jitpur, Telodih, Ranidih and Karharbari in Giridih Mufassil Police 
Station in Giridih Sadar sub-division. 

32.  Giridih.—Giridih  Town  Police  Station  and  Giridih  Mufassil  Police  Station  (excluding  G.Ps. 
Leda,  Semaria,  Badgunda,  Palmo,  Sathibad  Senadoni,  Dhanaidih,  Guro,  Jitpur,  Telodih,  Ranidih  and 
Karharbari) and Pirtanr Police Station in Giridih Sadar sub-division. 

33.  Dumri.—Dumri  Police  Station  in  Giridih  Sadar  sub-division;  and  Nawadih  Police  Station  in 

Bermo sub-division. 

BOKARO DISTRICT 
34.  Gomia.—Gomia  Police  Station  and  Petarbar  Police  Station  (excluding  G.Ps.  Champi,  Rohar, 

Chando, Pichhri, Angwali and Chalkari) in Bermo sub-division. 

35. Bermo.—Jaridih and Bermo Police Stations and G.Ps. Champi, Rohar, Chando, Pichhri, Angwali 

and Chalkari in Petarbar Police Station in Bermo sub-division. 

36.  Bokaro.—Chas  Police  Station  (excluding  G.Ps,  Bijulia,  Alkusa,  Buribinor,  Khamarbendi, 

Dudhigajar, Kura Dabartupara, Jaitara, Pundru and Sardaha) in Baghmara sub-division. 

37.  Chandankiyari  (SC).—Chandankiyari  Police  Station  and  G.Ps.  Bijulia,  Alkusa,  Buribinor, 
Khamrbendi,  Dhundhigajar,  Kura,  Dabartupara,  Jaitara,  Pundu  and  Sardaha  in  Chas  Police  Station  in 
Baghmara sub-divison. 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 
2. The words ―and Ichak Police Stations in Kodarma sub-division‖ omitted, ibid. (w.e.f. 19-8-2003). 

29 

 
                                                           
 
Serial No. 

Name and extent constituencies 

DHANBAD DISTRICT 

38. Sindri.—Sindri, Baliapur and Gobindpur Police Station in Dhanbad Sadar sub-division. 

39. Nirsa.—Nirsa and Chirkunda Police Stations in Dhanbad Sadar sub-division. 

40. Dhanbad.—Dhandad, Putki and Kenduadih Police Stations in Dhanbad Sadar sub-division. 

41. Jharia. —Jharia and Jorapokhar Police Stations in Dhanbad Sadar sub-division. 

42.  Tundi.—Tundi  Police  Station  in  Dhanbad  Sadar  sub-division;  Topchanchi  Police  Station  and 
G.Ps. Dharkiro, Daluldih, Rajganj, Bagdaha, Dhawachita, Nagar kalan and Ramkanalichandur in Katras 
Police Station in Baghmara sub-division. 

43.  Baghmara.—Baghmara  Police  Station  and  Katras  Kalan  Police  (excluding  G.Ps.  Dharkiro, 

Daludih,  Rajganj,  Bagdaha,  Dhawachita,  Nagri  Kalan  and  Ramkanalichandur) 
sub-division; and Jogta Police Station in Dhanbad Sadar sub-division. 

in  Baghmara                       

(EAST) SINGHBHUM DISTRICT 

44. Baharagora.—Baharagora and Chakulia Police Stations in Dhalbhum sub-division. 

45. Ghatsila (ST).—Ghatsila Police Station,  1[Musabani] Police Station (excluding G.Ps. Palasbani, 

Asta  Koyali,  Nunia,  Kumarasoi,  Barakanjiya,  Bomaro  Bangoriya  and  Damudih)  in  Dhalbhum                     
sub-divison. 

46.  Potka  (ST).—Potka  Police  Station,  G.Ps.  Palasbani,  Asta  Koyali,  Nunia,  Kumarasol, 

Barakanjiya,  Bomaro  Bangoriya  and  Damudih  in  1[Musabani]  Police  Station,  Bagbera  town  and  G.Ps.                      
Karadih–Purihasa,  Haragarghutu,  Bagbera  and  village  1167-Kitadih  in  Jugsalai  Police  Station  in 
Dhalbhum  sub-division. 

47. Jugsalai (SC). —Jugsalai Police Station (excluding Bagbera town and G.Ps. Karandih-Purihasa, 

Hargarghutu,  Bagbera  and  village  1167-Kitadih)  Golmuri  and  Patamda  Police  Station  in  Dhalbhum            
sub-division. 

48. Jamshedpur East.—Census wards 20 and 23 to 40 in Jamshedpur Notified Area Committee in 

Dhalbhum sub-division. 

49.  Jamshedpur  West.  —Jamshedpur  Notified  Area  Committee  (excluding  census  wards  20  and           

23 to 40) in Dhalbhum sub-division. 

(WEST) SINGHBHUM DISTRICT 

50. Ichagarh.—Ichagarh, Chandil and Nimdih Police Stations in Seraikella sub-division. 

51. Seraikella (ST). —Seraikella municipality and G.Ps. Govindpur, Pandra, Manik Bazar, Tangani, 
Pathanmara,  Jordiha,  Gurgudia  and  Badakakda  in  Seraikella  Police  Station,  Rajnagar  Police  Station 
(excluding village 98-Dighi) and Adityapur Police Station in Seraikella sub-division. 

52.  Chaibasa  (ST).—Chaibasa  Sadar  and  Jhinkpani  Police  Stations  and  Chaibasa  Mufassil  Police 
Station  (excluding  G.Ps.  Bhoya,  Keadchalam,  Domra-Parnia,  Lota,  Thakuragutu,  Dopai-Gamhariya, 
Sarda, Matkamhatu, Khuntpani, Chiru and Rajabasa) in Chaibasa Sadar sub-division. 

53.  Majhgaon (ST).—Majhgaon and Manjhari Police Stations in Chaibasa Sadar sub-division. 

54.  Jaganathpur  (ST).—Naomundi  and  Gua  Police  Stations  and  G.Ps.  Kurtabera,  Urkiya, 
Makaramda,  Thalkobad,  (Part  I)  and  Chhotanagra  (Part  I)  in  Manoharpur  Police  Station  in  Chaibasa 
Sadar sub-division. 

1. Subs. by notification No. G.S.R. 675(E) (w. e. f. 19-8-2003). 

30 

 
                                                           
Serial No. 

Name and extent of constituencies 

55. Manoharpur (ST).—Manoharpur Police Station [excluding G. Ps. Kurtabera, Urkiya, Makaramda, 
Thalkobad  (Part  I)  and  Chhotanagra  (Part  I)]  and  G.Ps.  Beralumin,  Jojoda,  Serengda,  Orenga,  Jhilrua, 
Goilkera,  Kuira,  Kadamdiha,  Dalaikela,  Sonua-Jorapokhar,  Porahat,  Sogoisai,  Gudri  Jarakel,  Asantaliya, 
Dalki-Gobindpur,  Bhalurangi,  Harimara,  Tunian  Gajpur,  Bandu,  Poronger,  Koloeda,  Kulda,  Bari,  Lonjo, 
Bera Kayam, Mamail, Piring, Komrora,  1[Komrora-Dariyo], Dura-Jante and Banskata and Chakradharpur 
Police Station in Chaibasa Sadar  sub-division. 

56.  Chakradharpur  (ST).—-Chakradharpur  Police  Station  (excluding  G.Ps.  Beralumin,  Jojoda, 
Serengda, Orenga, Jhilrua, Goilkera, Kuira, Kadamdiha, Dalaikela, Sonua-Jorapokhar, Porahat, Sogoisai, 
Gudri  Jarakel,  Asantaliya,  Dalki-Gobindpur,  Bhalurangi,  Harimara,  Tunian  Gajpur,  Bandu,  Poronger, 
Koloeda,  Kulda,  Bari,  Lonjo,  Bera  Kayam,  mamail,  Piring,  Komrora,  Komrora-Dariyo,  Dura-Jante  and 
Banskata) in Chaibasa Sadar sub-division. 

57.  Kharsawan  (ST).—Kharsawan  and  Kuchai  Police  Stations  and  Seraikella  Police  Station 
(excluding  Seraikella  municipality  and  G.Ps.  Govindpur,  Para,  Manik  Bazar,  Tangrani,  Pathanmara, 
Jordiha  Gurugudia  and  Badakakda)  and  village  98-Dighi  in  Rajnagar  Police  Station  in  Seraikella                  
sub-division; and G.Ps. Bhoya Keadchalam, Domra-Pamia, Lota, Thakurgutu, Dopai-Gamhariya, Sarda, 
Matkamhatu-Khuntpani,  Chiru  and  Rajabasa  in  Chaibasa  Mufassil  Police  Station  in  Chaibasa  Sadar               
sub-division. 

RANCHI DISTRICT 

58. Tamar (ST).—Tamar, Erki and Bundu Police Stations in Khunti sub-divisions. 

59.  Torpa  (ST).—Torpa  and  Rania  Police  Stations  and  G.Ps.  Gumru,  Cobindpur,  Tilmi,  Lapa, 
Jariagarh, Urikel and Hutub and Karra Police Station in Khunti sub-division; and Bano Police Station in 
Simdega sub-divison. 

60.  Khunti  (ST).—Khunti  and  Murhu  Police  Stations  and  Karra  Police  Station  (excluding  G.Ps. 

Gumru, Gobindpur, Tilmi, Lapa, Jariagarh, Urikel and Hutub) in Khunti sub-divison. 

61.  Silli.—Silli  Police  Station,  G.Ps.  Barwadag,  Tati,  Jonha,  Kashidih,  Merha,  Ambajharia  and 
Kontatoli and Angara Police Station in Ranchi Sadar sub-division; and Sonahatu Police Station in Khunti 
sub-division. 

62.  Khijri  (ST).—Ormanjhi,  1[Namkum]  and  Hatia  Police  Stations  and  Angara  Police  Station 

(excluding G.Ps. Barwadag, Tati, Jonha, Kashidih 

63. Ranchi.—Ranchi municipality in Ranchi Kotwali Police Station in Ranchi Sadar sub-division. 

64.  Hatia.—Jaganathpur,  Ratu  and  Doranda  Police  Stations  and  Ranchi  Kotwali  Police  Station 

(excluding Ranchi municipality) in Ranchi Sadar sub-division. 

65.  Kanke  (SC).—Kanke,  Ranchi  Sadar,  Burmu  and  Khelari  Police  Stations  in  Ranchi  Sadar            

sub-division. 

66. Mandar (ST).—Bero, Mandar and Lapung Police Stations, in Ranchi Sadar sub-division. 

GUMLA DISTRICT 

67. Sisai (ST).—Sisai, Kamdara and Basia Police Stations in Gumla sub-division. 

68. Gumla (ST).—Gumla Municipality, G.Ps. Hurhuria, Ghatagaon, Asani, Chandali, Telgaon, Pugu, 
Bangaru, Karaundi, Dumardih and Murkunda in Gumla Police Station and Raidih, Chainpur and Dumri 
Police Stations in Gumla sub-division. 

69. Bishunpur (ST).—-Bishunpur and Ghaghra Police Stations and Gumla Police Station (excluding 
Gumla municipality and G.Ps. Hurhuria, Ghatagaon, Asani, Chandali, Telgaon, Pugu, Bangaru, Karaundi, 
Dumardih and Murkunda) in Gumla sub-division; and Senha Police Station in Lohardaga sub-division. 

1. Subs. by notification No. G.S.R. 675(E) (w. e. f. 19-8-2003). 

31 

 
                                                           
 
Serial No. 

Name and extent of constituencies 

70. Simdega (ST).—Simdega and Kurdeg Police Stations in Simdega sub-division; and Palkot Police 

Station in Gumla sub-division. 

71. Kolebira (ST).—Kolebira, Thethaitangar and Bolba Police Stations in Simdega sub-division. 

72. Lohardaga( ST).—Lohardaga Kuru and Kisko Police Stations in Lohardaga sub-division. 

LOHARDAGA DISTRICT 

PALAMAU DISTRICT 

73.  Manika  (ST).—Latehar  Police  Station  (excluding  Latehar  (N.A.C.)  and  G.Ps.  Pochra,  Luti, 
Kaima, Kura, Bishunpur, Mungar, Nindir, Laharpur and Zalim), Barwadih, Garoo and Mahuadanr Police 
Stations in Latehar sub-division. 

74. Latehar (SC)—Latehar (N.A.C.), G.Ps. Pochra, Luti, Kaima, Kura, Bishunpur, Mungar, Nindir, 

Laharpur  and  Zalim  in  Latehar  Police  Station,  Chandwa  and  Balumath  Police  Station  in  Latehar                   
sub-division. 

75. Panki.—Panki, Lesliganaj and Manatu Police Station in Palamu Sadar sub-division. 

76.  Daltonganj.—Daltonganj  and  Chainpur  Police  Station  in  Palamau  Sadar  sub-division;  and 

Bhandaria Police Station in Garhwa sub-division. 

77.  Bishrampur.—Bishrampur  Police  Station  in  Palamau  Sadar  sub-division; and  Majhiaon  Police 

Station in Garhwa sub-division. 

78. Chhatarpur (SC).—Chhatarpur and Patan Police Station in Palamau Sadar sub-division. 

79. Hussainabad.—Hussainabad and Hariharganj Police Station in Palamau Sadar sub-division. 

GARHWA DISTRICT 

80. Garhwa.—Garhwa Police Station (excluding G.Ps. Jarhi Balekhar Raro, Sonehara and Dandai) 

and Ranka Police Station in Garhwa sub-division. 

81.  Bhawanathpur.—Bhawanathpur  and  Nagar  Untari  Police  Station  and  G.Ps.  Jarhi,  Balekhar, 

Raro, Sonehara and Dandai in Garhwa Police Station in Garhwa sub-division. 

32 

 
 
 
 
 
 
THE THIRD SCHEDULE 

(See section 17) 
SITTING MEMBERS WHO SHALL CONTINUE TO BE MEMBERS OF THE 
BIHAR LEGISLATIVE COUNCIL TILL THEIR RESPECTIVE 
PRESENT TERMS OF OFFICE 

(i)  Members  representing  any  of  the  eleven  Constituencies  specified  in  item  (1)  of  the                 

1[Fourth Schedule]. 

(ii)  The  following  members  elected  by  the  members  of  the  Bihar  Legislative  Assembly,           

namely:— 

―1. Shri Sarfaraj Ahmed. 

2. Shri Saryu Rai. 

3. Shri Mahavir Lal Vishwakarma. 

4. Shri Bhutnath Soren. 

5. Shri Rajendranath Shahdev. 

6. Smt. Vibha Ranjan. 

7. Shri Badri Narayan Lal. 

8. Shri Praveen Singh.‖. 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 

33 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
 
THE FOURTH SCHEDULE 

(See section 18) 

AMENDMENTS TO THE DELIMITATION OF COUNCIL CONSTITUENCIES 

(BIHAR) ORDER, 1951 

(1) In the Table, omit the entries relating to— 

(i) Bhagalpur-cum-North Chhotanagpur (Graduates) Constituency; 

(ii) South Chhotanagpur (Graduates) Constituency; 

(iii) Bhagalpur-cum-North Chhotanagpur (Teachers) Constituency; 

(iv) South Chhotanagpur (Teachers) Constituency; 

(v) Santhal Parganas (Local Authorities) Constituency; . 

(vi) Hazaribagh (Local Authorities) Constituency; 

(vii) Giridih (Local Authorities) Constituency; 

(viii) Ranchi (Local Authorities) Constituency; 

(ix) Palamau (Local Authorities) Constituency; 

(x) Dhanbad ( Local Authorities) Constituency; 

(xi) East Singhbhum-cum-West Singhbhum (Local Authorities) Constituency. 

(2) In the Table, in column 2,— 

(i)  against  ―Kosi  (Graduates)  Constituency‖  in  column  1,  after  the  word  ―khagaria‖,  insert  the 

words ―Bhagalpur Monghyr‖; 

(ii)  against  ―Kosi  (Teachers)  Constituency‖  in  column  I,  after  the  word  ―Khagaria‖,  insert  the 

words ―Bhagalpur Monghyr‖. 

34 

 
 
 
 
 
 
 
 
 
THE FIFTH SCHEDULE 

(See Section 23) 

AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 

In the Constitution (Scheduled Castes) Order, 1950, in the Schedule,— 

(i)  in  Part  III  relating  to  State  of  Bihar,  in  item  No.  5,  the  brackets  and  words‖  (excluding  North 

Chhotanagpur and South Chhotanagpur divisions and Santal Parganas district)‖, shall be omitted; 

(ii) after Part VI, Himachal Pradesh, the following shall be inserted, namely:— 

“PART VIA –Jharkhand 

1. Bantar 

1[2. Bauri] 

3. Bhogta 

4. Bhuiya 

5. Chamar, Mochi 

1[6. Chaupal] 

1[7. Dabgar] 

8. Dhobi 

9. Dom, Dhangad 

10. Dusadh, Dhari, Dharhi 

11. Ghasi 

12. Halalkhor 

1[13. Hari, Mehtar, Bhangi] 

14. Kanjar 

1[15. Kurariar] 

16. Lalbegi 

17. Musahar 

18. Nat 

19. Pan, Sawasi 

20. Pasi 

21. Rajwar 

22. Turi.‖ 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 

35 

 
 
                                                           
 
THE SIXTH SCHEDULE 

(See section 24) 

AMENDMENT TO THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 

In the Constitution (Scheduled Tribes) Order, 1950,— 

(1) in paragraph 2, for the figures ―XXI‖, the figures ―XXII‖ shall be substituted; 

(2) in the Schedule,— 

(i) in Part III relating to State of Bihar, the item No. 6 and the entries relating thereto, shall be 

omitted, and the item Nos. 7 to 30 shall be renumbered as item Nos. 6 to 29; 

(ii) after Part XXI, the following Part shall be inserted, namely:— 

“PART XXII –Jharkhand 

1. Asur 

2. Baiga 

3. Banjara 

4. Bhathudi 

5. Bedia 

6. Binjhia 

7. Birhor 

8. Birjia 

9. Chero 
1[10. Chik Baraik] 
11. Gond 

12. Gorait 

13. Ho 

14. Karmali 

15. Khanria 

16. Kharwar 

17. Khond 

18. Kisan 

19. Kora 

20. Korwa 

21. Lohra 

22. Mahli 
1[23. Mal Paharia] 
24. Munda 

25. Oraon 

26. Parhaiya 
1[27. Santal] 
28. Sauria Paharia 

29. Savar 

30. Bhumij.‖. 

1. Subs. by notification No. G.S.R. 675(E) (w.e.f. 19-8-2003). 

36 

 
                                                           
 
THE SEVENTH SCHEDULE 

[See section 46 (1)] 

(Investments and Credits in certain funds) 

1.  State Provident Funds. 

2.  Trusts and Endowments. 

3.  Insurance and Pensions Funds. 

4.  Depreciation  Reserve  Funds—relating 

to  Government  Commercial  Departments  and 

Undertakings. 

5.  Famine Relief Funds. 

6.  Investment Account. 

7.  Development Fund for Educational Purposes. 

8.  General Reserve Funds of Government Commercial Departments Undertakings. 

9.  Zamindari Abolition Funds. 

10.  Calamity Relief Fund Investment Account 

11.  Revenue Deposits. 

12.  Security Deposits. 

13.  Civil Courts' Deposits. 

14.  Criminal Courts' Deposits. 

15.  Personal Deposits. 

16.  Trust Interest Funds. 

17.  Public Works Deposits. 

18.  Forest Deposits. 

19.  Deposits of Public Funds. 

20.  Other Departmental Deposits. 

21.  Deposits under various Central and State Acts. 

22.  Deposits for work done for Public bodies or private individuals. 

23.  Deposits of fees received by Government servants for works done for private bodies. 

24.  Deposits in connection with Elections. 

25.  Mines Labour Welfare Deposits. 

26.  Deposits of Educational Institutions. 

27.  Unclaimed Deposits in the General Provident Fund. 

28.  Unclaimed Deposits in other Provident Funds. 

29.  Deposits on account of cost price of Liquor, Ganja and Bhang. 

30.  District Funds. 

31.  Municipal Funds. 

32.  Cantonment Funds. 

33.  Funds of Insurance Association. 

34.  State Transport Corporation Fund. 

37 

 
 
 
35.  State Electricity Boards Working. 

36.  State Housing Funds. 

37.  Panchayats Bodies Funds. 

38.  Education Funds. 

39.  Medical and Charitable Funds. 

40.  Other Funds. 

41.  Subventions from Central Road Fund. 

42.  Miscellaneous Deposits. 

38 

 
 
 
 
 
 
 
THE EIGHTH SCHEDULE 

(See section 53) 

APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS AND OTHER 
RETIREMENT BENEFITS 

1. Subject to the adjustments mentioned in paragraph 3, each of the successor State shall in respect of 
pension  and  other  retirement  benefits  sanctioned  before  the  appointed  date,  pay  from  their  respective 
treasuries. 

2. Subject to the said adjustment, the liability in respect of pensions and other retirement benefits of 
officers serving in connection with the affairs of the existing State of Bihar who retire or proceed on leave 
preparatory to retirement before the appointed day, but whose claims for pensions and other retirement 
benefits are outstanding immediately before that day, shall be the liability of the State of Bihar. 

3.  Subject  to  the  said  adjustments,  sanctions  of  such  pension  and  other  retirement  benefits  by  the 
competent authority may be given in those cases, in which their office falls in the territory of Jharkhand 
State. 

4. There shall be computed, in respect of the period commencing on the appointed day and ending on 
the  31st  day  of  March  of  the  financial  year  and  in  respect  of  each  subsequent  financial  year,  the  total 
payments made in all the successor States in respect of pensions and other retirement benefits referred to 
in  paragraphs  1  and  2.  The  total  representing  the  liability  of  the  existing  State  of  Bihar  in  respect  of 
pensions and other retirement benefits shall be apportioned between the successor States in the  ratio of 
number of employees of each successor State and any successor State paying more than its due share shall 
be reimbursed the excess amount by the successor State or State paying less. 

5.  The  liability  of  the  existing  State  of  Bihar  in  respect  of  pensions  and  other  retirement  benefits 
granted before the appointed day and drawn in any area outside the territories of the existing State shall 
be  the  liability  of  the  State  of  Bihar  paying  subject  to  adjustments  to  be  made  in  accordance  with 
paragraph 3 as if such pensions and other retirement benefits had been drawn in any treasury in the State 
of Bihar under paragraph 1.  

6.  The  liability  in  respect  of  the  pensions  and  other  retirement  benefits  of  any  officer  serving 
immediately  before  the  appointed  day  in  connection  with  the  affairs  of  the  existing  State  of  Bihar  and 
retiring  on  or  after  that  day,  shall  be  that  of  the  successor  State  granting  him  the  pension  and  other 
retirement benefits, but the portion of the pension and other retirement benefits attributable to the service 
of any such officer before the appointed day in connection with the affairs of the existing State of Bihar 
shall be allocated between the successor States in the population ratio and the Government granting the 
pension and other retirement benefits shall be entitled to receive from each of the other successor States 
its share of this liability. 

7.  Any  reference  in  this  Schedule  to  a  pension  and  other  retirement  benefits  shall  be  construed  as 

including a reference to the commuted value of the pension and other retirement benefits. 

39 

 
 
 
 
 
THE NINTH SCHEDULE 

[See section 65(1)] 

LIST OF STATE OWNED CORPORATIONS/COMPANIES 

1.  Bihar State Industries Development Corporation. 

2.  Bihar State Leather Development Corporation. 

3.  Bihar State Electronics Development Corporation. 

4.  Bihar State Sugar Corporation Limited. 

5.  Bihar State Medicine and Chemical Development Corporation. 

6.  Bihar State Fruit and Vegetables Development Corporation. 

7.  Bihar State Dairy Corporation Limited. 

8.  Bihar State Agro Industries Corporation. 

9.  Bihar State Textiles Corporation Limited. 

10.  Bihar State Small Industries Corporation Limited. 

11.  Bihar State Handloom and Handicrafts Corporation 

12.  Bihar State Khadi Gramudyog Board 

13.  Bihar State Agriculture Marketing Board. 

14.  Bihar State Forest Development Corporation Limited. 

15.  Bihar State Export Development Corporation Limited. 

16.  Bihar State Seeds Corporation Limited. 

17.  Bihar State Fish Seeds Development Corporation Limited. 

18.  Bihar State Warehousing Corporation. 

19.  Bihar State Tourism Development Corporation Limited. 

20.  Bihar State Road Transport Corporation. 

21.  Bihar State Food and Civil Supplies Corporaiton. 

22.  Bihar State Text Book Publishing Corporation Limited. 

23.  Bihar State Construction Corporation Limited. 

24.  Bihar State Mineral Development Corporation Limited. 

25.  Bihar State Housing Board. 

26.  Bihar State Bridge Construction Corporation Limited. 

27.  Bihar State Police Building Construction Corporation Limited. 

28.  Bihar State Electricity Board. 

29.  Bihar State Hydroelectric Power Corporation Limited. 

30.  Bihar State Hill Area and Irrigation Development Limited. 

31.  Patna Industrial Area Development Authority. 

32.  Bokaro Industrial Area Development Authority. 

33.  Ranchi Industrial Area Development Authority. 

34.  Adityapur Industrial Area Development Authority. 

35.  North Bihar Industrial Area Development Authority. 

36.  Darbhanga Industrial Area Development Authority. 

40 

 
37.  Patna Area Development Authority. 

38.  Ranchi Area Development Authority 

39.  Muzaffarpur Area Development Authority. 

40.  Darbhanga Area Development Authority. 

41.  Gaya Area Development Authority. 

42.  Bihar State Pollution Control Board. 

43.  Bihar State Water and Sewage Disposal Board. 

44.  Bihar State Financial Corporation. 

45.  Bihar State Credit and Investment Corporation Limited. 

46.  Bihar State Panchayati Raj Finance Development Corporation Limited. 

47.  Bihar State Minorities Finance Corporation Limited. 

48.  Bihar State Film Development and Finance Corporation Limited. 

49.  Electricity Corporation Limited. 

50.  Mines Area Development Authority, Dhanbad. 

51.  Hazaribagh Mines Board. 

52.  Bhagalpur Regional Development Authority, Bhagalpur. 

53.  Women’s  Development Corporation. 

54.  Backward Classes Development Corporation. 

55.  Scheduled Castes Development Corporation 

56.  Scheduled Tribes Development Corporation. 

41 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE TENTH SCHEDULE 

(See section 70) 

CONTINUANCE OF FACILITIES IN CERTAIN STATE INSTITUTIONS 

List of Training Institution/Centres 

1.  Sri Krishna Institute of Public Administration. 
2.  Police Training College. 
3.  Bihar Institute of Rural Development. 
4.  Village Handicrafts Training Centre. 
5.  Tribal Village Handicraft Training Centres. 
6.  Training-cum-Production  Centres  for  Toys,  Ceramic  Goods,  Embroidery  and  Applique, 

Hornmade goods and Cutting and Tailoring. 
7.  Ideal Woodwork Workshops/Iron Workshops. 
8.  Indo Danish Tool Room and Training Centre, Jamshedpur. 
9.  All Government Industrial Institutes. 

-Affiliated with N.C.V.T. 
-Un-affiliated. 

10.  All Private Industrial Institutes. 
-Affiliated with N.C.V.T. ; 
-Un-affiliated. 
11.  B.I.T., Sindri. 
12.  R.I. T., Jamshedpur. 
13.  Government Polytechnic, Dhanbad.  
14.  Government Polytechnic, Ranchi. 
15.  Government Polytechnic, Adityapur. 
16.  Government Polytechnic, Khutri. 
17.  Government Polytechnic, Lathehar. 
18.  Government Women's Polytechnic, Jamshedpur. 
19.  Government Women's Polytechnic, Ranchi. 
20.  Government Women's Polytechnic, Bokaro. 
21.  Mines Institution, Dhanbad. 
22.  Mines institution, Bagha. 
23.  Mines Institution, Koderma. 
24.  Government Polytechnic, Dumka. 
25.  Government Women's Industrial School, Ranchi. 
26.  Government Women's Industrial School, Hazaribagh. 
27.  Government Women's Industrial School, Daltonganj. 
28.  Sainik School, Tilaiya. 
29.  Netarhat School. 
30.  Indira Gandhi Girls School, Hazaribagh. 

42 

 
 
 
 
 
 
 
